What are the First Steps to Take After a Product Liability Accident?
June 20, 2017
Many might think that they will probably never be involved in a product liability accident. However, the reality is that it is statistically more likely that even being in a car accident. You use a variety of products that if were malfunctioning, defective, or just aren’t safe, could cause serious harm. If you find yourself in a product liability accident, you need to know the correct steps to take.
Seek Medical Attention
Obviously the first step to take after a product liability accident is to seek medical attention. Yes, this is not only to care for your well being, but even if your injuries are relatively minor, you need to establish a medical paper trail of them. You need to have a doctor verify the presence and extend of your injuries or else your case doesn’t really exist since no one can vouch for injuries you treated yourself.
Isolated Incident or Widespread?
After the initial injuries are treated, your own personal research should begin. In some products, you might find there is a class action lawsuit already in play for the exact things that cause your injuries. Sometimes you might find that a certain part has been recalled, but you never received the notice. Sometimes you might find nothing, but it is always worth it to look. If there are already cases of the particular product or defect causing injuries, it will often make your case easier to handle. If it is a case of a class action lawsuit, it will be even easier since you can just join in. It is in these cases that independent research can pay off.
The thing about product liability accidents is that it is pretty easy to differentiate between user error and a faulty product. Obviously, if you have been using a product incorrectly or for a different purpose than what it is intended and got hurt, then that is not the fault of the product. However, if it did have some sort of defect or malfunction that resulted in injury, then that is a neat and tidy product liability accident and compensation can be sought after.
When it comes to proving fault in a product case, more often it is not a case of user versus seller, but rather sorting out who was at fault in the manufacturing process. Were the blueprints designed in such a way that the product was made dangerously? Then the engineer is at fault. Were the design blueprints sound, but the way the product was manufactured went against them in order to cut costs? Then the factory is at fault. Was the box opened or tampered with when sold? It might very well be the seller’s fault.
Depending who is ultimately at fault will greatly affect your product liability accident case. This could also mean that there are so many more victims if it is at a design or manufacturing level unlike if it was just tampered with or damaged in the store. This mean your case could actually grow quite large if it is determined that there are more victims.
Seeking Legal Representation
After you have sought medical attention the next important step is to seek out a skilled and experience personal injury lawyer. Once there, your attorney can help you find and prove fault as well as talk over your case options. If you are in the Chattanooga area and have been hurt either by a faulty product or another sort of accident, contact us today. Dreaden & Cox Attorneys at Law are dedicated to fighting for the rights of those who were wrongly injured.