When you purchase a product, whether a car, a household appliance, or even a toy, you expect it to be safe to use. Unfortunately, not all products meet safety standards. Defective products can lead to serious injuries. Let’s explore how to determine whether a product defect caused your injury and, if so, what to do about it.
What Is a Product Defect?
A product defect occurs when a product is unsafe for its intended use due to an issue with its design, manufacturing, or marketing:
- Design defects occur when the product’s design is flawed, making it dangerous even when manufactured correctly. For example, a vehicle with a top-heavy design prone to rollovers may have a design defect.
- Manufacturing defects arise during the production process, resulting in a product that differs from its intended design. An example would be a batch of brakes that were improperly assembled, leading to failure during use.
- Marketing defects involve products lacking proper instructions or warnings about potential risks, leading to misuse and injuries. For instance, a cleaning chemical without clear instructions about safe handling might cause harm.
Each type of defect presents unique challenges when proving liability, so identifying the issue early on is essential.
Steps to Determine if a Product Defect Caused Your Injury
If you suspect that a defective product caused your injury, follow these steps to build your case:
1. Document the Incident
Start by recording all the details of the incident. Include:
- The date, time, and location of the injury.
- The product’s make, model, and serial number.
- How you were using the product when the injury occurred.
Take photographs of the product, your injuries, and the scene where the incident happened. The more evidence you have, the stronger your case will be.
2. Preserve the Product
Keep the product in its post-accident condition. Avoid making any repairs or alterations, as this could affect your claim. If the product was destroyed during the incident, save any remaining parts.
3. Review the Product’s Warnings and Instructions
Examine the product’s labeling, instructions, and warnings. Was there any missing or misleading information? A failure to provide adequate safety guidelines may point to a defect in the product’s marketing.
4. Seek Medical Attention
Your health and safety should always come first. Visit a doctor to treat your injuries and document your medical condition. Medical records will serve as critical evidence linking the defect to your injury.
5. Talk to an Attorney
A product liability lawyer can investigate reports of similar injuries or recalls involving the same product, helping to establish that the product is inherently dangerous.
Proving a Product Defect
To hold a manufacturer or other parties accountable, you’ll need to prove that:
- The product was defective: This involves identifying the specific issue (design, manufacturing, or warning defect).
- The defect caused your injury: You must show a direct link between the defect and the harm you suffered.
- You were using the product as intended: If you were using the product in an unsafe or unintended manner, it could weaken your case.
How an Attorney Can Help
Product liability cases can be complex, requiring detailed evidence and expert testimony. An experienced attorney can guide you through the process by:
- Investigating the defect and gathering evidence.
- Consulting with industry experts to support your claim.
- Negotiating with manufacturers or insurance companies on your behalf.
- Filing a lawsuit and representing you in court if necessary.
Rochelle McCullough has successfully represented victims of defective prodictve in the Dallas-Fort Worth area. Our team understands your challenges and will work tirelessly to secure the compensation you deserve.
Helping Victims of Defective Products in Dallas-Fort Worth
If you’ve suffered injuries due to a defective product, it’s essential to act quickly. Evidence can degrade over time, and there are strict deadlines for filing product liability claims. Contact Rochelle McCullough for a free consultation. Our team is ready to help you take the first step toward recovery.
We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.