4 Steps To Take If You’re Injured By A Defective Product
After a defective product has caused injury to you, it may be confusing and uncertain what you should do next.
While each situation is unique in its cause, it is important to know the right steps to take after suffering from a defective product injury. And with a 4-year statute of limitations in Florida, you will have adequate time to resolve your case if you follow the steps below.
Despite your uncertainty, there are a few general guidelines you should follow to ensure this accident is resolved smoothly and safely.
Seek Medical Attention
The first step to handling your injury is to visit a doctor or emergency room as soon as possible. Your health and safety are priority, and time can be a very critical factor with certain injuries. Not only will a medical provider begin immediate treatment, but they will also document any injuries caused by the product and create a file of medical records that will be critical in constructing your case.
Preserve the Product
Many of us tend to throw away or exchange a product the moment we discover it’s faulty—but this should never occur when the product has caused injury. Keep everything you can, including instruction manuals, product packaging (including wrapping), and your receipt for proof of purchase.
Find a safe place to store your product and document the condition it’s in following the accident. If possible, take photos of the product because this may be used as valuable evidence in your case. Generally, the more evidence is collected, the more likely it is your case will be resolved quickly, and in your favor.
Avoiding Writing Reviews or Social Media Posts
This may feel counterintuitive because most of us have a natural instinct to warn others of potential harm when we discover a product is defective. However, it is important to remember that anything you post online could be used against you in a negative light. Reviews have the potential to be driven by emotion, and it is important to stick to factual evidence at this time.
Contact An Attorney That Specializes in Product Liability Law
With your evidence in hand, your next step should be to call an attorney that specializes in handling defective product cases. In the state of Florida, the court will generally use one of two theories to analyze what happened in your case: negligence or product liability. Product liability means that the injured party’s intent is irrelevant—they simply have to prove the product was faulty. This is the case you will want to build with your attorney.
No matter how much proof you have, going up against a business can be intimidating and costly if you aren’t familiar with the laws in place to protect you. An attorney will also help you protect your evidence and point out other ways to build your case after getting the full story of your accident.
Determine if you have a product liability case by contacting Clark, Fountain, La Vista, Prather, Littky-Rubin & Whitman.
Our team can investigate the circumstances of your injury and the condition of your product, and help you hold the correct party liable for any losses associated with your injury. You may need to pay for expensive medical bills, offset the time you took off work, or even account for the pain and suffering associated with days spent tending to your injury.