What To Do If I Get Injured By A Defective Product?

Sometimes, a product you trust can cause you or a family member unexpected and significant harm. In such a case, you may have a product liability case in Florida. Find out steps you can take to potentially recover damages and your health.

Seek Proper Medical Attention

Always put your health and well-being first after a serious injury, including one from a defective product. One important reason is the documentation helps establish your case. If you delay seeking treatment, the defense may have a believable argument that your injuries weren’t as serious as you claim them to be.

Also, the compensation you can get for these injury claims is only for injuries you sustain due to other negligent parties. If you cause yourself injuries or make them worse through your own negligence, you may not receive compensation. 

Preserve the Evidence

Hold onto the defective product and try not to alter it in any way. Preserve it just as it was at the time of the accident. Leave the scene of the accident intact for as long as you safely can so professionals can inspect it.

Collect or retrieve any packaging, labels, manuals, purchase receipts, invoices for repair, maintenance records or communications you have for the product. Take pictures and videos of these, as well as of the defective item, the scene and your injuries.

When visiting a doctor, explain clearly what happened without saying anything to indicate that the incident was your fault. Request copies of your doctor’s notes, other medical records, bills and diagnoses as documentation.

Create your own journal about the event and your injuries. Start by recording your recollections about what was happening just before, during and after the accident. Write in detail about your pain, injuries and recovery process, including the impact all these have on your mental health. Continue to take photos of your injuries to show how they are progressing.

If someone else was around and witnessed the incident, try to get an initial statement of what they saw and heard. Record it with your phone if you can. Then, request their contact information so you can get their testimony later if necessary.

Report the Incident to the Appropriate Parties

Report incidents involving defective products to the appropriate authorities. If the defective item was a vehicle part that caused a crash, you should report the incident to the police. In new vehicles, be sure to report the problem to the vehicle manufacturer and the National Highway Traffic Safety Administration. 

Report any foods and medicines that cause harm to the Food and Drug Administration. Consumer protection agencies accept reports about problems with other types of products, such as toys and tools. This step could help prevent injury to someone else and even save lives. 

You should also report the basic facts of the accident and injury to the product seller or manufacturer. However, do not talk about the accident to others, including friends and family. 

Also, don’t post about what happened to you on social media. In general, it is a good idea to set your profiles to a private setting or stay off of these networks altogether. The most innocent statement could become evidence against you in court.

Seek Legal Counsel

While it’s a good idea not to discuss your case with other people, you can go over all of the details with a product liability lawyer, such as our team at Kogan & DiSalvo. We keep case reviews and client-attorney discussions strictly confidential. 

Product liability cases can be complex, so it’s important to find someone with experience in this practice area. Expect the defense’s insurance or legal team to be well-prepared and ready to resist your efforts for a fair settlement.

Bear in mind that you only have two years from the time you discover your injuries from the defect to file a case. However, the process of collecting evidence, building a case and negotiating a settlement can take time. That’s why it’s wise to talk with a lawyer as soon as possible.

Determine if the Product Is Defective

Florida law requires you to establish the following elements for strict product liability action:

• The item is a product that someone sold or leased.
• A manufacturer produced the product (i.e., it’s not something from nature).
• The product was defective or somehow created an unreasonably dangerous condition.
• The product caused your injuries.

Only if you can prove all of these points can you have a valid product liability claim.

Determine the Type of Defect

Identifying the exact defect is important for determining who is liable. Different companies often contribute different parts or processes in the creation of a product. Therefore, one company could be liable while another is not.

Design Defects

A design defect is a flaw in the plans or blueprints of an item. This type of defect makes the engineering or design company that created those plans responsible for the failure or malfunction. In these cases, you often have to show that a different type of design would have prevented the defect.

Manufacturing Defects

Even if the design was safe, a mistake during production can create a manufacturing defect. This defect could include subpar materials or improper assembly.

Marketing Defects

The manufacturer may fail to warn consumers of potential dangers by either mislabeling or not including labels. These types of warnings are generally for dangers that would not be apparent to the average consumer.

Of course, you may have a case where more than one of these defects is present. In that situation, you can file claims against the responsible parties. If they are all liable, they will split the payment of damages according to their percentage of liability. 

Get Compassionate Assistance With Your Defective Product Claim

If you were injured or a loved one died because of what you believe was a defective product, you may be eligible to receive compensation for your losses. You need a firm that cares about your case and is willing to fight hard against large corporations or insurance companies.

For that kind of neighborly concern and professional experience, call or message our team at Kogan & DiSalvo for a free case evaluation. We’re ready to hear your story and help you understand your options for justice.

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