One day, you’re happy testing out a product to see if it works as advertised, and the next, you’re in the hospital for a checkup with bills piling up. Defective products injure thousands of Americans each year, from faulty airbags to unsafe power tools. 

This is why knowing your rights after such an injury is critical for protection. Here, a personal injury attorney reveals what you’re entitled to should you be injured by a defective product.

Understanding Your Rights After a Product Injury

When a product causes harm, you don’t have to carry the burden alone. U.S. product liability laws give consumers the right to seek compensation when a manufacturer’s negligence puts unsafe products on the market. 

As an injury attorney shares, “The law exists to protect consumers, first and foremost.”

If you’ve been injured, preserve the product, keep all receipts, and document your injuries immediately. These steps create the foundation for a strong legal claim.

Manufacturers’ Duty to Ensure Safety

Every company that designs, builds, and sells goods has a legal responsibility to ensure safety. This duty applies whether you bought the item online, at a big-box retailer, or from a local shop. If the product is unsafe, the manufacturer can be held accountable.

Never throw away the defective product or its packaging. Both are key evidence in proving negligence.

Three Main Types of Product Defects

The defects a product can have vary. Product liability cases generally fall into three categories:

• Design defects – the product is unsafe from the start.
• Manufacturing defects – errors during production make it dangerous.
• Failure-to-warn defects – missing labels, instructions, or warnings that could have prevented harm.

An experienced lawyer can identify which defect applies and pursue the right claim.

What to Do Immediately After a Product Injury

The hours following an injury are critical, and what you do within these few hours can define the outcome of your case. Acting quickly is a must. Doing so can protect your health and your claim. 

Here’s what to do:

• Seek medical attention and keep detailed records of treatment.
• Preserve the defective product, packaging, and purchase receipt.
• Take photos of your injuries and the product.
• Write down exactly what happened while it’s fresh in your memory.

Statute of Limitations: Don’t Wait Too Long

Every state sets deadlines for filing product liability claims. Known as statutes of limitations, these range from one to four years in most states. Acting beyond these periods means losing your right to recover compensation, no matter how strong your case.

Contact an attorney as soon as possible after your injury to confirm deadlines in your state.

Examples of Common Defective Products and Injuries

Defective products come in many forms, highlighting the rationale behind why strict safety standards exist. Some of the most common examples include:

• Faulty vehicle parts like airbags and brakes.
• Dangerous medical devices or implants.
• Electronics with battery explosions.
• Children’s toys with choking hazards.
• Unsafe household tools and equipment.

Understanding “Strict Liability”

Unlike other personal injury claims, you don’t always have to prove negligence in product cases. Under strict liability, a manufacturer can be held responsible for the simple reason that the product was defective and caused harm. 

This legal concept makes it easier for injured consumers to hold corporations accountable.

What Kind of Compensation Can You Expect?

Victims of defective products may be entitled to a wide range of damages. These include:

• Medical bills and rehabilitation costs.
• Lost wages or reduced earning capacity.
• Pain and suffering.
• In some cases, punitive damages are designed to punish reckless companies.

An attorney can calculate the full scope of damages, ensuring you don’t settle for less than you deserve.

Choosing the Right Personal Injury Attorney

Not all lawyers handle product liability cases. Look for one with experience taking on large manufacturers and a track record of winning settlements or verdicts. Many work on contingency, meaning you pay nothing unless they win your case.

Frequently Asked Questions

• Can I sue if I misused the product?

Possibly, but misuse is a common defense manufacturers use. A lawyer can determine if your case is still valid.

• How long will my case take?

It varies, but product cases can take months or years depending on complexity.

• Will I have to go to court?

Many cases settle before trial, but having an attorney ready to litigate increases your leverage.

Being injured by a defective product can leave you feeling powerless. Fortunately, the law gives you the right to demand accountability and financial recovery. 

If you aren’t well-versed in the law, chances are you may not get the recourse you need until you get help from someone who is. The sooner you bring a personal injury lawyer onto your side, the sooner you can get the justice you deserve.