Most people use many different products each day. Whether you are using a tool at work or need a special device to address a healthcare concern, there is a certain level of trust that every consumer places in the manufacturer and distributor of the products they use. Sadly, even a defective child’s toy could lead to a significant personal injury.
In 2022, around 5,830 product liability cases were filed in the United States. While many injuries that are related to products are minor, there are times when you need to take them seriously. Understanding your rights as an injured person can help you or your loved one get the help you need while also protecting others from similar injuries.
Know the Common Reasons for Product Liability Claims
Product liability laws are based on the concept that a company or other entity has a duty to keep the people who use their goods safe. A product liability claim may fall under several categories that include manufacturing and design defects.
These defects could happen due to a fault on the assembly line, or they could be linked to a flaw in the design. For instance, a car with a rollover risk might have a design defect. Meanwhile, airbags that don’t deploy might be found to be caused by an error at the vehicle manufacturing plant.
Marketing defects are another possible reason for a product liability claim. Depending on the incident, a company could be held responsible for failing to warn about the risks of using a product. The company might be held responsible for failing to notify consumers of an issue once it becomes known. Filing a product liability claim can often highlight risks that a product presents, which could help others avoid similar injuries.
Take Immediate Actions to Uphold Your Rights
Once an injury occurs, it is important to seek medical attention immediately. Once you’ve tended to your injuries, you can then work on preserving the evidence. If possible, keep the defective product and any associated packaging, manuals and other written materials. Taking photos can also help to bolster your product injury claim.
Reporting the defect can begin by making sure that others are warned about faulty products, and it may be necessary to reach out to government agencies to ensure that your report is followed up on appropriately. Reaching out to a personal injury attorney can also help you begin the process of filing a claim to ensure that your legal rights are upheld.
Understand the Types of Compensation You May Be Eligible to Receive
As a person who has sustained a personal injury that is caused by a product, you might be eligible to receive several types of compensation. For example, you may be facing significant financial losses due to medical bills, ongoing therapy and even personal expenses for bandages and pain medication. These fall under the category of economic losses.
People with personal injuries also experience non-economic losses that are harder to put a price tag on. The stress of being in pain or facing permanent disfigurement is a notable experience that could be included in compensation awards and settlements. In severe cases of gross negligence, courts may also institute punitive damages to ensure that companies uphold their responsibility to provide safe products in the future.
Being hurt by a product that you trusted to provide safe use is emotionally upsetting. On top of managing your physical pain and potential loss of your abilities, you must now navigate your way through the legal system. There can be several parties liable for faulty products, including manufacturers, designers and retailers, making these cases even more complicated. While recovering from a personal injury can take time, pulling together a team of support that includes healthcare providers and a lawyer helps you focus on healing for the best possible outcome.