Product liability cases are often complicated. When a product causes harm due to a defect, whether it’s a faulty appliance, a defective car part, or a dangerous toy, the injured party may have a valid claim for damages. If you’ve been injured by a defective product in Texas, it’s important to take specific steps to protect your health and your legal rights.
Here’s what to do if you find yourself hurt by a defective product.
Seek Medical Attention Immediately
Your health and well-being should always come first. If you've been injured by a faulty product, it’s crucial to get medical help as soon as possible. Even if you don’t feel the injury right away, some issues, such as internal injuries or long-term damage, may not show up immediately. Whether the injury is severe or minor, make sure to consult a doctor.
When visiting your doctor or the emergency room, be sure to explain the nature of the injury and how it happened. A detailed medical record of your injury is essential not only for your health but also for documenting the link between your injury and the defective product.
Document the Defective Product
Once you have received the necessary medical treatment, the next important step is to document the product that caused your injury. If possible, do not discard the item, as it may serve as vital evidence in your case. Take photos or videos of the defective product, clearly showing the issue that led to your injury.
For example, if it was a malfunctioning appliance, capture the part of the appliance that failed, or if it was a car accident caused by a defective tire, photograph the tire that caused the issue. If it’s a product that can still be used, keep it in the condition it was in when the injury occurred—do not try to fix or alter it in any way. This helps establish a clear connection between the defect and your injury.
Preserve All Evidence Related to the Incident
In addition to the product itself, preserve any other evidence that could help your case. This includes receipts for the product, any manuals or instructions that came with it, and packaging materials. If the product was defective due to poor design or manufacturing, these details may play an important role in proving your case.
It’s also important to make note of any witnesses who were present when the incident occurred. If others saw the product malfunction, their testimony could support your claim. Having their contact information on hand will be helpful down the road.
Report the Injury to the Manufacturer or Seller
After you’ve secured medical attention and documented the incident, it’s a good idea to notify the manufacturer, retailer, or distributor of the product. While this may seem daunting, reporting the issue can help prevent further injuries to others. Some companies may be unaware of the defect, and your complaint may lead them to issue a recall or warning.
In your communication, be clear about the product’s defect and your injury, but avoid making any statements that could be used against you later. Stick to the facts and avoid admitting fault in any way. Keep copies of all communication, including emails, letters, or any responses you receive.
Contact an Attorney with Experience in Product Liability Claims
Dealing with defective product claims often requires legal expertise. In Texas, product liability law can be complex, and insurance companies or large corporations may try to minimize your claim. To ensure you are fairly compensated for your injuries, consulting a personal injury attorney, particularly one experienced with product liability cases is highly recommended.
A skilled attorney will be able to evaluate your case, determine whether the product manufacturer, distributor, or seller is liable, and help guide you through the legal process. They will also know the specific statutes of limitations that apply to product liability claims in Texas, which generally have a two-year deadline for filing lawsuits.
File a Claim and Pursue Compensation
Once you’ve gathered the necessary evidence and consulted with an attorney, your lawyer will likely file a claim on your behalf. The purpose of filing this claim is to secure compensation for any medical expenses, lost wages, pain and suffering, and other damages that resulted from the injury.
In some cases, your attorney may help you negotiate with the manufacturer or seller to reach a fair settlement. If a settlement cannot be reached, your lawyer may proceed with filing a lawsuit in court.
Remember, it’s important to consult with an attorney as soon as possible after being injured by a defective product. The sooner you get started, the sooner your attorney can begin gathering evidence and building your case.
Protect Yourself and Others
Once you’ve dealt with the legal and medical aspects of your case, it’s important to share your experience to help others. If you’ve experienced an injury from a defective product, alerting friends and family can prevent further harm. You can also file a complaint with agencies like the U.S. Consumer Product Safety Commission (CPSC), which helps protect consumers from hazardous products. Your action could prevent someone else from going through the same experience.
Get Legal Help from an Experienced Personal Injury Lawyer
If you’ve been injured by a defective product in Texas, you don’t have to handle it alone. Attorney Chelsie King Garza has extensive experience in product liability cases and can guide you through the process of seeking compensation. From collecting evidence to negotiating with manufacturers, our team will work tirelessly to help you get the justice you deserve. Don’t wait—take action now to protect yourself and your future.
