A defective product can cost loss financially, personal injury, or property damage. If you have fallen victim to such an incident, then it is imperative that you understand your rights and the steps to take. This article outlines how to file a claim on damages caused by a defective product.
Understanding Product Liability
Product liability is a concept in legal dictionary that holds a manufacturer, distributor, or seller liable for any injury or harm caused by their stuff/products. The three major types of product defects are:
- Design defects: The product’s design renders it inherently unsafe.
- Manufacturing defects: The product was not manufactured properly, and that is why this one unit is defective.
- Marketing defects: The product is safe, but it is deficient in adequate warnings or instructions.
Steps to Take Following Such Accident
Documenting the accident:
Click pictures of the defective product and the damage it has caused, and injuries incurred. Retain all receipts, invoices, and warranties related to the product. Note the date, time, and situations of the incident. Gather contact information from the witnesses, if any.
Get medical treatment:
If you have incurred personal injuries, seek medical treatment first. Keep extensive records of your medical appointments with details of diagnosis and treatment.
Contact the Manufacturer or Retailer:
Inform the manufacturer or retailer about the defective product and how it caused your damage. Keep a record of every mail, email, and call exchanged in this regard.
Investigate the Product:
Find out if there have been any alike complaints or recalls of such products. Look for online forums, news articles, and government databases containing information on such products.
Consult an Attorney:
Consider hiring an attorney who specialty is products liability, who can review your case and help you navigate the legal process. The attorney will be able to help you collect evidence, bargain with the manufacturer, and represent your interest in the court of law, if necessary.
Building Your Case
For running a claim successfully, you will need to prove that:
- The product was defective.
- The defect caused the injury or damage.
- You suffered losses as a result.
- Get proof of your claim on record in the form of expert opinions, medical records, and witness testimonies.
Damages That Can be Awarded
In case you win your lawsuit, you may be eligible for several damages, such as:
- Economic Damages: Medical Costs, lost wages, property damage, and repair costs
- Non-Economic Damages: Pain and Suffering, Emotional Distress, and Loss of Consortium
Punitive Damages: In case of intentional misconduct or reckless indifference to safety.
Limitations of Time:
Note the statute of limitations, the time within which the suit can be filed. This is a jurisdiction-specific limitation, so an attorney must be consulted to determine exactly how much time you have left in your case.
Alternative Dispute Resolution
If you do think litigation is needed, first consider alternative dispute resolution, such as mediation or arbitration. These methods are cost- and time-effective compared to litigation.
It can be really overwhelming to handle the aftermath of a defective product incident. However, taking the following steps and consulting with an attorney in court procedures might probably increase the chances of recovery of damages and holding accountable parties liable.
If you want to have a free consultation with a Garden City Lawyer then call now at (718) 414-6642.
How To Proceed Claim When a Damage Occurs Due to a Defective Product? 
