Manufacturers and other players in the distribution chain are legally obligated to ensure the products they sell or release to consumers are reasonably safe. Therefore, if you suffer injuries while using a product, you may have a valid product liability claim.
Flaws in manufacturing or design and failure to provide sufficient warning or proper instructions for using a product can give rise to a product liability claim if the user suffers injuries. Such instances include:
- Defective auto parts like an airbag that failed to deploy or accidentally deployed, causing injuries
- Medications with unlabelled side effects or medical devices such as prosthetics with dangerous defects
- Children’s toys that cause injuries because of poor design or defective parts
Other scenarios can give rise to a product liability claim as long as the product was being used for its intended purpose at the time of the accident.
What should you do?
You may be entitled to compensation if you suffer injuries from a defective product. Therefore, you should take the necessary steps to protect your interests in the claims process.
The first thing you need to do is seek medical attention. A doctor’s report will formally document the extent and nature of your injuries, which will be useful in the claims process. It is equally crucial to record your accident. Eyewitness testimony or photos can help paint the circumstances of your accident. It is also advisable to have ready any purchase receipts and repair history of the product where applicable.
Do not attempt to repair the defective product after an accident or tamper with it, as it may bring unnecessary issues to your claim.
Get legal help with your claim
A product liability claim can get complicated. For instance, there is a possibility of multiple liable parties and other minor but crucial legal technicalities that could affect your claim. You may also be going against large retailers and manufacturers who are out to protect their businesses.
As such, it is in your best interests to have the necessary legal counsel when pursuing compensation for the damages you sustain from a defective product.
