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Written by AskTheLawyers.com™ on behalf of John Sloan with Sloan Firm.
When an injury occurs due to using a specific product, it can be difficult to know if the injuries were due to user error or a truly defective product. There are some specific signs to look for which could indicate a legitimate product defect, in which case you would be eligible to file a product liability claim and pursue compensation for damages incurred by the product.
It is rare that a manufacturer will admit to their mistake when a customer is injured by a product. In general, manufacturers will immediately blame the victim and claim that the injury was due to user error, regardless of the facts of the situation. This is why it’s important not to expect honesty or fair compensation from a manufacturer without legal pressure.
If you are injured by a product, it is imperative that you hold onto the product as well as any packing or instructions it came with. Throwing away the product or additional material regarding it could hurt your case if you choose to file a product liability claim. If you have already turned in the product to the Consumer Product Safety Commission (CPSC), you may ask for the product to be returned to you. It’s also a good idea to take pictures of the injury itself for evidence as well as the state of the product when it injured you.
Even if the injury caused by a defective product seems relatively mild, it’s still a good idea to seek medical care. This way a medical record regarding the injury exists to support your case, and a manufacturer can’t claim that your injury was not severe or made up.
It’s important to refrain from discussing your injury, the product, or any other details of your case with anyone outside the issue. This includes posting pictures, videos, or statements on social media, as these could actually weaken your case in court.
If you think you might have a product liability case, seek legal counsel to learn more about your rights as a consumer and how to pursue a product liability claim.
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