A defective product injury is often a severe, life-changing event. Every year, far too many victims in California, including Los Angeles, experience a serious injury due to a product malfunction, design flaw, design defect, or unclear/missing instructions or warnings. A defective product can range from furniture to clothing, to a power tool, kitchen appliance or fixture, cleaner, recreational product, chemical, medication, medical device, or toy. If you have been injured in an accident or encounter with a defective product, here are some tips on how to proceed.
Immediately Seek Medical Treatment
The health of you or a loved one is the top priority. Seeking medical attention after an injury is critical. Immediate treatment can prevent injuries from getting worse, so get to a doctor’s office or emergency room as soon as possible. In addition to receiving potentially life-saving medical care, this can provide the medical records you need as evidence for your case. Without the appropriate documents, the defendant in a lawsuit can argue postponed medical care may have contributed to the severity of your condition, not the product.
Gather Evidence of the Defective Product Injury
Documentation is the foundation of any successful product liability case. Evidence other than medical records includes receipts for proof of purchase, product packaging, and instruction manuals. In the case of a defective medical product, include the prescription, while for defective tools/materials, include product warranties and other paperwork. If the product hasn’t been destroyed, take photos of it and the accident scene, don’t tamper with the item, and store it safely. Witness accounts can also help strengthen your product liability claim.
Keep a Journal of Your Healing Process
A personal journal can go a long way in providing evidence, especially if you file a pain and suffering claim. It should include detailed notes about the injury’s effects. Include daily updates on your pain level, psychological state, family relations, and changes in ability to perform daily activities. Photos of wounds and the healing process should be included as well.
Understand the Different Types of Product Liability Cases
There are different types of product liability claims. Knowing which one applies can potentially lead to a stronger claim against the product manufacturer or seller. The main types include:
- Design Defect: The way a manufacturer designed the product makes it inherently dangerous when used as intended.
- Manufacturing Defect: An issue with how the product was produced makes it unsafe, even though its design may meet all relevant standards.
- Failure to Warn and/or Labeling Defects: The manufacturer/seller does not warn of potential dangers they know of or should know about; such risks may not be known to the buyer unless they are explicitly stated.
- Express Warranty: An advertisement or statement that reveals a product meets pertinent safety standards. If a product fails to meet these standards, the manufacturer/seller is responsible for any harm caused.
- Implied Warranty: An implied warranty of merchantability states the product is fit for its intended purpose. When a seller or producer knows/should know a product may be used for a particular purpose, even if it deviates from ordinary use, they can create an implied warranty of fitness.
Contact a Defective Product Attorney
As you can see, product liability cases can be complex. Discuss your situation with a defective product lawyer, who can determine if you have a case and explain the evidence you will need; time limitations apply to filing product liability lawsuits as well. It’s therefore important to speak to an attorney as soon as possible. Your lawyer can increase the odds of receiving maximum compensation for medical expenses, damaged property, and emotional distress.
Contact The Law Offices of Jacob Emrani
If you or a loved one has suffered a serious injury due to a product defect or labeling error, The Law Offices of Jacob Emrani can help. Our Los Angeles defective product attorney is highly specialized in such cases and will review your personal injury claim. We’re providing high-quality legal representation and support during the coronavirus pandemic. For a free consultation with our personal injury law firm, contact us at 888-952-2952 today.