All manufacturing companies undergo rigorous testing to ensure their products are safe for human consumption. However, some faulty products may creep into the market without your knowledge, resulting in a defective product injury.
In recent years, injuries caused by defective products have become too common as a result of malfunctions, faulty designs, and unexpected failures. Luckily, you can hold any manufacturer liable for a defective product injury by filing a product liability claim.
Unfortunately, many consumers are green about product liability laws in their state, causing them to make mistakes that negatively affect the success of their lawsuits. Here are some common defective product injury mistakes you should avoid if you want to win your case.
1. Trying to fix your defective product
A defective product injury works like a warranty in that you can only receive reimbursement when the defect was solely due to the manufacturer’s negligence. Therefore, if you try to fix your defective product, it may render your product liability case invalid since the defendant can claim you caused the defects.
Additionally, trying to fix a defective product can cause further defects that can place you and your loved ones in danger. It’s, thus, advisable to stop using a defective product as soon as possible and return it for a refund, repair, or replacement.
2. Disposing of the defective product
Many consumers fail to realize that a faulty item is the core piece of evidence that can either make or break your case. Hence, throwing away your defective product before your case hearing can be detrimental to your product liability claim.
You should also keep the product’s original packaging, receipt of purchase, and instruction manual.
3. Postponing medical care
Whether your defective product caused a minor injury or a life-threatening one, it’s wise to visit a medical doctor. This is because a doctor not only treats your injury and nurses you back to health but also plays an essential role in your case by showing you took the necessary steps to mitigate your injuries.
Besides, if you don’t visit a doctor, you’ll have a hard time proving in court that the defective item actually caused injuries to you or your loved one.
4. Oversharing on social media
Sharing happy, cheerful posts of you on social media can adversely affect your product liability claim. For example, the defendant can use your posts against you to show the court their product didn’t cause as much damage (in the form of pain and suffering) as you claim.
Furthermore, talking about your defective product injury on social media isn’t a wise idea, as you may say some things that can be used against you in court. Thus, to avoid affecting the outcome of your case, stay off social media, or make all your accounts private until after your case.
5. Not documenting the damages incurred
With a product liability claim, you can seek compensation for a variety of things, including:
• Pain and suffering
• Lost income and benefits
• Medical expenses
• Mental anguish
• Economic damages, e.g. childcare and home care
However, to win a verdict, you’ll require strong evidence proving these damages and their exact values. For instance, ensure you have proper medical bills, invoices, eyewitness accounts, and accident pictures. You should also have a list of the items you lost or have purchased due to the defective product injury.
Need a product liability lawyer?
Guy Levy law can help you with your product liability case, whether you have a minor or severe injury. Contact us today to book a free consultation with our attorneys.