Defective products can be dangerous, especially because it causes injuries to innumerable consumers. In the event that you purchased a product that did not perform as it was advertised, not causing any injuries, then the warranty should have you covered. Otherwise, you may return it to the store for exchange or refund, depending on the store’s policy on warranties and returns.

However, if the defective product caused an accident, than you may have the right to file a personal injury claim. It is important to know your rights as a consumer when it comes to product liability, or products that caused injuries on you or someone you care for.

What Is Product Liability?

Suing a company due to a defective product falls under the product liability law. This law provides victims of product defects with legal course of actions for the injuries they have suffered.

The laws on product liability may vary from state to state. Meanwhile, this is different from personal injury laws, as they both have their own rules and legal procedures.

Generally, a product must perform the expectations of a customer or consumer. In the event that the product unexpectedly has defects, or brought harm, then it simply means that the product failed to meet the standards or expectations.

Any number of companies or various parties may be liable for accidents and injuries caused by their defective product. The consequences and legal liabilities of a claim depends on the type of defect. Moreover, there are three types of product defects that may cause injuries and supplier liability:

  • Manufacturing defects
  • Design defects
  • Marketing defects

Legal Things To Consider When Filing A Product Liability Claim

Remember that defective products may come from faulty design, manufacturing, or poor labeling. Whatever the cause may be, defective products may be unrecognized until you or anyone gets hurt. Consider the following legal things when filing a product liability claim:

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1.) Study the state’s statute of limitations

Do not solely focus on recovering and postponing your lawsuit file. Your wages lost from work and medical bills will soon pile up. You must have knowledge on the important laws involving defective products. Find out if your state has expirations on filing a lawsuit case involving product defects. 

2.) Gather the packaging if possible

If possible, gather the receipt and the original packaging because these can help you in your case. This evidence identifies the information on the unit, model, place and date it was purchased. Also, this formulates a paper trail that traces the product back to the official manufacturer.

Moreover, the entire original package provides evidence of improper labeling and if warnings were expressed that could have helped prevented the accident and injuries.

3.) Look for witnesses

If there were witnesses during your accident, then it is crucial to take note of their names, contact numbers and addresses. This allows the product liability attorney to gather statements from the witnesses that can help you in your case.

4.) Acquire medical records

To ensure compensation for the injuries and damages, you must have proof that you were harmed. This is why you must consider gathering all medical bills and records. These evidences can help compensate you for the following:

  • Costs of medical treatment: The defendants will have to compensate your medical bills including immediate treatment, or any succeeding rehabilitation.
  • Disability: If the defective product caused you to become disabled, then you may ask compensation to hire someone to help or assist you at home. Your doctor can provide you with a medical record that identifies you as disabled.
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5.) Gather evidence of lost wages

Severe injuries from the accident can prevent you from working. You may receive compensation for the wages you have lost but make sure to collect the following evidences:

  • Documents that show your annual salary
  • Weekly or monthly pay stubs
  • If you are self-employed, gather any 1099 forms

6.) Write down your pain

It is also possible to receive compensation for the pain and suffering you have experienced. Your emotional pain and loss of happiness in life comes with your pain and suffering. To document this, write everything down in a pain journal.

In that journal, document the pain you are feeling everyday. Also take note the intensity of your pain, especially if it is keeping your from eating and sleeping. This document can be helpful with the jury in the event that your case goes to trial.

7.) Identify the defendants

You can sue different people for the defective product that caused the accident and your personal injuries. You may sue any of the following:

  • Manufacturer of the defective item/product
  • The producer/manufacturer of the defective components in the product
  • Whoever sold the item/product to you
  • Distributors and wholesalers

8.) Hire a product liability lawyer

A product liability lawyer, like the one when you click here, can represent you for possible contingencies. Choose a lawyer that has experience in your case. He/she will have sufficient knowledge on the legal proceedings on your product liability claim.


Timothy Garret

Timothy is a budding law writer who enjoys all aspect of the law industry. He’s currently studying to become a lawyer and is applying his law knowledge into what he writes about. He spends time with his friends and swimming in his spare time.