When you purchase a product, you never expect that product to cause an injury. Unfortunately, millions of people are injured by dangerous and defective products in the United States each year. Knowing what to do if a product injures you or your family members is important. The steps you take after a product injury can have a significant impact on your ability to hold the manufacturer or other parties liable for your damages and losses in a product liability claim.
What is a Product Liability Claim?
You may have a valid product liability claim if a product injures you because the product was defective. Before you can recover compensation for your damages, you must prove that the manufacturer or other liable party owed a duty to you; the party breached that duty; and, you sustained harm, such as a physical injury and financial damages. A Sacramento product liability attorney can help you gather evidence to prove each element of a product liability claim.
Who is Responsible When a Product Injures Someone?
The party or parties responsible for damages in a product liability case are determined by the type of defect that caused the injury. If the product’s design is faulty, the original designer may be liable for damages. However, if the manufacturer changed the product’s design or altered the way the product should be manufactured, the manufacturer may be liable. Distributors and sellers can be held liable for product liability claims in some cases.
A product liability attorney investigates the circumstances that lead to the injury to identify the responsible parties. It is important to identify all the responsible parties to maximize your chance of recovering full compensation for all damages and losses.
What Should I Do After a Product Injuries Me?
One of the first things you should do is seek medical attention. You need to prevent your injury from becoming worse, but you also need to document your injuries for a potential defective product claim. A key element in proving a product liability claim is proving that you sustained damages as a result of the defect in the product. Physical injuries are the most common type of damage, followed by financial and emotional damages.
If possible, try to preserve the product, packaging, and instructions for evidence. In some cases, it could be dangerous to preserve the product. If it is dangerous to keep the product, keep whatever you can and take pictures, if possible, of the parts that you must dispose of to prevent further injury. Also, if you suspect the product is dangerous, you may want to contact local authorities to discuss proper disposal. If so, keep detailed notes about all conversations with officials.
Contact a Sacramento Product Liability Attorney for Help
Product liability claims are complex. They often involve complicated questions about the design and the manufacturing process. A product liability attorney can locate expert witnesses to assist in proving the product was defective or dangerous and how that element caused your injury.
For a free consultation and case review, contact The Tiemann Law Firm by calling (916) 999-9000.