Defective products are a continuing problem in the world today. Whether through negligence or a cover up, companies are regularly sued by consumers and government bodies. These incidents are much more common than you might think.
For example, EKO were recently fined $1 million after it was found their trash cans caused lacerations and the company failed to report it.
Let’s look at what you should do if you find a defective product.
Did the Product Cause You Any Injury?
You don’t necessarily have a case if you received a defective product. Compensation packages are assessed based on the damage caused, rather than just the presence of something that’s defective.
So, if you bought a lawn mower and a handle fell off this wouldn’t automatically entitle you to compensation. You would handle such a situation by working with the company, according to their policy on defective products.
No damage was caused to you therefore you’re not entitled to damages in court.
How Should You Proceed if You Were Injured?
There was a story about talcum powder potentially causing ovarian cancer and lawyers have been called in. You can read more about this story here: https://www.dsslaw.com/defective-consumer-products/talcum-powder-ovarian-cancer-lawyers/.
Damages were caused and, if these damages can be proven, then there will be a reason to award damages. You often see similar cases involving buying beauty products online.
So, the burden of proof is on you. How can you prove that damages were caused?
First, you should take pictures of any injury. You should also get a medical report from your doctor as this will be necessary evidence later.
You should also take pictures of the defective product and keep the product in question. Don’t send it back to the company if you intend on suing them.
Call a Professional Attorney to Handle This
Never attempt to handle this yourself. To maximize the compensation paid, and to make sure you get the treatment you deserve, you should call a professional attorney with specific experience in dealing with defective products.
Make sure you act immediately. You could be also saving others from similar accidents by taking legal action. Recently, Polaris was fined $27.25 million because their RZRs caught fire while people were driving them. They also failed to report this.
Not reporting defective products and taking legal action could lead to accidents for others as well.
Last Word – Treat Defective Products Like Any Other Type of Accident
There are six million car accidents in the US every year and most people wouldn’t think twice about calling a lawyer. It should be the same for defective products as they can be just as dangerous.
Get in touch with a professional attorney not the company that sold the product. Your attorney will know the right course of action and how to make sure further damage can’t be caused.
Just make sure you have all the necessary evidence so you can prove the damages being claimed.
Have you encountered a defective product?