Product Liability Claims: Steps to Take After an Injury

Whether you’re reading this blog post on a phone, a laptop, or a desktop computer, there’s a good chance you’re using a manufactured product right now. And it’s likely that your product went through lots of testing to make sure it’s safe to use. But not all products meet the standards we expect, leading to unforeseen injuries and, sometimes, severe consequences for the consumer.

Product liability law exists to protect individuals in these situations, ensuring that manufacturers, distributors, and retailers are held accountable for the safety of what they bring to market. Understanding your rights and the steps to take after sustaining an injury due to a defective product is important if you’re going to make a product liability claim.

At Ponce Law, our commitment to advocating for the rights of those injured by defective products stands at the forefront of our practice. Read on to learn the basics of product liability cases, and what you should do if you think you have one.

What Is Product Liability?

Product liability refers to the legal obligation of manufacturers, distributors, and sellers to ensure that the products they introduce into the marketplace are safe for consumer use. This area of law provides a means for individuals to seek compensation when a product causes injury, illness, or, in the worst cases, death.

At the core of product liability claims is the concept that companies must prioritize consumer safety across all stages of a product’s lifecycle—from initial design to final sale. When companies fail in this duty, they can be held legally responsible for the resulting damages.

Steps to Take Immediately After an Injury 

When you’ve sustained an injury due to a potentially defective product, the steps you take immediately afterward are pivotal not only for your health but also for any subsequent legal action you might pursue. Here’s what you should do:

• Seek Medical Attention: Prioritize your health above all. Even if the injury seems minor, some symptoms can appear or worsen over time. Documentation from healthcare professionals will serve as crucial evidence linking your injury to the defective product.
• Preserve the Product and Evidence: Keep the product that caused your injury, along with any packaging, instructions, and receipts. This evidence can be vital in proving your claim. Do not alter the product in any way after the incident.
• Document the Incident and Your Injuries: Take detailed notes about how the injury occurred and photograph your injuries and the product. If there were any witnesses, collect their contact information.
• Report the Injury to the Manufacturer: Notifying the manufacturer about the defect could prompt a recall, preventing others from being harmed. It also officially logs your incident with the company, which is helpful for your claim.
• Avoid Posting About the Incident on Social Media: Anything you post can be used against you in your claim. It’s best to keep the details of the incident and your injuries off social media platforms.

After ensuring your well-being and gathering initial evidence, it’s essential to consider the legal aspects of your situation. Product liability cases can be complex, involving rigorous investigation and an understanding of relevant laws and regulations. This is where legal expertise becomes invaluable.

How Do I File a Product Liability Claim?

After the initial steps following a product-based injury, you might be interested in filing a product liability claim. A product liability claim is a structured process that requires a clear understanding of legal procedures and evidence. Here’s a closer look at how to effectively file your claim:

• Gather Comprehensive Evidence: Before filing the claim, ensure that all evidence is meticulously organized. This includes medical records detailing the injuries caused by the product, photographs of the product and your injuries, and any communication with the manufacturer or seller about the defect.
• Identify the Responsible Parties: Product liability can involve different entities, including the product manufacturer, a parts manufacturer, the retailer, or others in the distribution chain. Identifying all potentially liable parties is crucial for a successful claim.
• Determine the Basis of Your Claim: Product liability claims can be based on manufacturing defects, design defects, or failure to provide adequate warnings or instructions. Understanding the specific nature of the defect and how it caused your injury is essential.
• Consult With a Personal Injury Attorney: Due to the complex nature of product liability law, consulting with an attorney who specializes in this area is advisable. An attorney can evaluate your case, advise on the best legal strategy, and help draft and file your claim.
• File the Claim Within the Statute of Limitations: Every state has its own deadlines for filing product liability claims. In Tennessee, you generally have one year from the date of injury to file a lawsuit. Missing this deadline can result in losing your right to compensation.
• Prepare for the Possibility of Settlement or Trial: Many product liability cases are settled out of court. However, if a fair settlement cannot be reached, your case may go to trial. Having an attorney who is prepared to fight for your rights in court is vital.

Ponce Law Can Help in Your Hour of Need!

Navigating the aftermath of an injury caused by a defective product can feel overwhelming, but you don’t have to face it alone. At Ponce Law, we’re committed to guiding you through every step of your product liability claim with expertise and compassion. Our experienced personal injury lawyers are dedicated to securing the justice and compensation you deserve, allowing you to focus on your recovery.

Contact us for a free consultation and let us help you take the first step towards holding the responsible parties accountable and safeguarding your future.