Injuries can happen when we least expect it, including when accidents are caused by a defective product. If you find yourself in a situation where you are injured due to a product, it's important to know what to do so that you can receive compensation for your injuries.
Would You Use Your Home Insurance?
Many people assume that you would use your home insurance to pay for the damage in a situation like this. For example, if you have a space heater that caught on fire, you may need help with smoke and fire damage, and home insurance will work great for this. However, if someone suffered burns or a serious injury, then you'll likely be in a situation where you need to file a personal injury lawsuit.
What Do You Do After The Injury Happens?
The first thing that you want to do is preserve the product that was defective. This product is the key to proving what happened with the product becoming defective and causing an injury. You should not alter the product, open it up, or modify the product at all. Keep it as preserved as possible so that you know the state of the product when it malfunctioned. Put the product in a box, close it up, and put it in a safe place as you move forward with a personal injury lawsuit.
It also helps to take plenty of pictures right after the product becomes defective. For example, if the product required electricity, you will need to show how it was plugged in. Photos can also capture how the product was installed, what position it was in, and any other circumstances that caused a malfunction and injured you.
Is The Manufacturer Always Responsible For A Defective Product?
An injury lawyer can figure out the best person to pursue in a personal injury lawsuit. It may not always be the manufacturer; it could be a company that installed the product improperly. This will require a bit of research on the lawyer's part since they'll also be looking for a history of similar product defects that can help improve your case. For example, there may be an existing recall on the product that you were not aware of, which makes your case stronger.
Can The Product Defect Be Blamed On User Error?
It is likely that the manufacturer will try to blame the product defect on user error. Expect this to be a primary defense in your personal injury case, and you'll need to be prepared to fight it. Warning labels about proper use do not always mean that a manufacturer cannot be blamed for a product becoming defective due to user error, and they can even help solidify a case saying that the warning label didn't cover your specific situation.
To learn more, contact an injury lawyer.