What To Do After Using a Defective Product
Defective products sometimes reach end consumers, potentially posing risks. A defective product is an imperfect product, that displays a manufacturing defect, a design defect, or is imperfect due to lack of warnings. If the product causes physical harm to the consumer, it is considered to be in a “defective” condition. Unfortunately, millions of people become hurt from defective products annually. Injuries vary from minor to severe, long-term health complications. In the case that you recognize or are notified that you have been using a defective product, the following measures should be followed.
Step 1: Immediately Stop Using the Product
Once you recognize that a product is defective, stop using it. The longer you continue to use the product, the higher likelihood you will cause injury to yourself. If you are injured from the defective product, there are various responsible parties, potentially. Responsible parties include parent companies, design engineers, drug manufacturers, pharmacies, wholesales, and retail establishments, depending on the product. Immediately contact a consumer rights attorney or personal injury attorney.
Step 2: Gather Evidence
Gather evidence to prove liability, negligence, cases, and injuries. Receipts are proof of purchase, and may provide contact information for customer service. Using this information, research to find if other consumers have been similarly injured using the same product in the past. There may be the potential for a consumer class action is a considerable amount of consumers have complained in the past.
Step 3: Visit a Doctor
Visit your doctor to check your physical health. Some avoid doctor’s visits because they feel it would sacrifice time and money to be evaluated. Contrary to this belief, by not visiting your doctor, you are enabling the defendant’s insurance company to minimize your injuries. Your attorney will request your doctor’s records that relate to your injuries caused by the defective product.
Step 4: Filing a Lawsuit
With defective product injuries, the main theories for recovery include negligence, misrepresentation, breach of warranty, and strict liability in tort. When filing a lawsuit, in order to succeed, you must prove:
a. The manufacturer owed you a duty
b. The manufacturer breached the duty owed to you
c. The breach of duty was the cause of your injury
d. The breach of duty was the proximate cause of your injury
e. You suffered injuries as a result of the negligent act
Step 5: Consult an Attorney
By taking legal action, you are exercising your right to recover compensation. Additionally, you are preventing other consumers from using the same dangerous defective product that has the ability to cause harm. A personal injury attorney will help you recognize the compensation you deserve, providing expertise and guidance throughout the process.
If you or someone you know has been injured in a car crash or truck accident and are in need of an accident attorney in Miami, Fort Lauderdale, West Palm Beach, Naples, Ocala, Orlando, Tampa, Gainesville, Jacksonville, Tallahassee, Ft. Myers or any other city in Florida –remember after 911, call 411! 1-800-411-PAIN can put you in touch with an experienced, aggressive network attorney who will fight for your rights and get the maximum compensation you deserve. Don’t forget to follow 411 PAIN on Twitter (@411PAIN), keep up with the conversation at #411PAIN and check out the 411 PAIN event gallery 411painevents.com!