Injuries From A Defective Product: What Are Your Rights?
The sad truth about some physical products that we buy each year is they are the cause of thousands of injuries. When we buy something, we expect it to perform as described and not endanger our lives. Sometimes, manufacturing defects can cause products to fail prematurely. In worst case scenarios, they could injure us.
Problems can occur in almost any kind of physical item. It could be something apparently harmless like a toy teddy bear. Or, it could be an item that we know carries a slight risk of injury, such as an e-cigarette.
Have you purchased a product and discovered that it was defective? And did that faulty item harm you in some way? If so, you’ll be pleased to know that you have some rights and the law is on your side. Here’s what you can do about such situations:
What to do if you’ve been injured by a defective product
As you can appreciate, your number one priority is to seek medical help. It’s important to do so if an object gets embedded in your body, or you’ve consumed some toxic chemicals. Aside from getting the right treatment, it also means you have written proof of when and how you got injured.
Be sure to keep copies of any medical paperwork, including receipts for medicine. If you’ve had to go to a hospital for a significant injury, you should consider asking a loved one to take photographs of your injuries for added proof.
If you need to spend some time recovering from your injuries, make sure you do so. Your number one priority is to ensure your health recovers from your injuries.
Who is responsible?
Once you’ve sorted out your physical injuries, the next stage is to determine who is responsible for them. Can you be sure that the product was defective when you tried to use it? Or were you using it in a way that you weren’t supposed to?
The reason for asking that question is because you need to prove you got injured through no fault of your own. For example, if a mobile phone battery exploded when you were using the device, it’s a manufacturing fault. But, if you dropped your phone in water and it gave you an electric shock, you were the reason why you got injured!
What to do next
Assuming you can 100% be sure the problem wasn’t down to anything you did, the next step is to speak with a lawyer. Specialists like the Ankin Law Office can determine whether the liability rests with:
- The product manufacturer;
- A product component manufacturer;
- The company that assembled your product;
- The wholesaler; or
- The retail store that sold you the product.
A lawyer can also categorize the problem as being a design, manufacturing, or marketing defect.
Conclusion
In short, you have legal rights to pursue compensation if a product you bought injured you. As you can imagine, you need to seek professional legal assistance.
That’s because product manufacturers and other involved parties will usually have a team of legal experts to defend themselves against your claim.
Good luck!