We talk a lot about defective products and product liability, but not too much about how these injuries actually happen – or how you know if your injuries were indeed caused by a malfunctioning or defective product in the first place.
Understanding if a product directly caused your injuries or if you may simply have had an unavoidable accident can save you a lot of time and headaches in the future. Of course, our attorneys can offer advice in a free consultation, but in the meantime, keep the following in consideration.
Look for the following…
Did you experience physical harm or illness? Maybe you used a hair dryer and suffered burns, or tried a new cleaning product and experienced respiratory distress. Both of these could indicate a defective product.
What about property damage? If a new product caused damage to your property, that’s a sign it might be defective. For example, if you purchase a new toaster and it starts a kitchen fire, there’s likely a problem with the toaster.
Did you notice any unusual behavior? Did the product act strangely before your injury? If your car suddenly accelerates and causes an accident, your attorney will look to the vehicle manufacturer for liability.
Was the product recalled? If a product has been recalled by the manufacturer or a regulatory agency, it may indicate a defect that could cause harm.
If you suspect that you have been injured by a defective product, it is important to seek medical attention immediately. You should also preserve the product and any packaging, instructions, or receipts related to its purchase. Contact the manufacturer or seller of the product to report the issue and consider consulting with an attorney who specializes in products liability cases to understand your legal options.
How defective products cause injuries
It can still be difficult to determine whether your injury was caused by a defective product, as multiple factors may be at play. However, here are some further signs that could indicate that a defective product was the cause of your injury:
- The product malfunctioned. If the product malfunctions or fails to work as intended, this can indicate a defect. For example, if a ladder collapsed while in use, it could indicate a manufacturing defect.
- The product had a design flaw. If the product had a design flaw that made it inherently dangerous or unsuitable for its intended use, it could indicate a defect. For example, if a children's toy had small parts that posed a choking hazard, it could indicate a design defect.
- The product lacked proper warning labels or instructions. If the product did not come with adequate warning labels or instructions, it could indicate a defect. For example, if a medication did not include proper warnings about potential side effects, it could indicate a labeling defect.
If you suspect a defective product caused your injury, preserving the product and any related documentation, such as packaging or receipts, is important. Seek medical attention for your injury and contact the manufacturer or seller of the product to report the issue. However, don’t sign anything or make any agreement with the manufacturer. Instead, consult an attorney specializing in product liability cases to understand your legal options.
What kinds of injuries can happen from defective products?
Malfunctioning and defective products can cause many types of injuries, including:
- Burns or electrocution injuries from faulty electronics or appliances.
- Broken bones or brain injuries from defective sports equipment or playground equipment.
- Poisoning or illness from contaminated or improperly labeled food or medications.
- Respiratory problems or chemical burns from exposure to toxic chemicals or fumes from cleaning products or industrial equipment.
- Hearing loss or tinnitus from defective headphones or other audio equipment.
- Eye injuries from defective eyewear or contact lenses.
- Injuries from defective automobiles or car parts, such as faulty brakes or airbags.
- Serious cuts or lacerations from defective power tools or kitchen appliances.
- Allergic reactions or infections from defective medical devices or implants.
If this happens to you or someone you love, an experienced attorney can help.
How can a Columbus products liability attorney help me?
Proving a products liability case typically involves showing that a product was defective and that the defect caused harm to the user or consumer. Here’s how our lawyers can help:
- First, we’ll identify the type of defect. Generally, three types of defects can lead to product liability – design defects, manufacturing defects, and marketing defects. A design defect exists when the product is inherently dangerous due to its design. A manufacturing defect occurs when the product is improperly manufactured, resulting in a dangerous defect that would not be present in properly manufactured products of the same design. A marketing defect exists when the product is marketed or sold in a way that does not provide adequate warnings or instructions about its safe use.
- Then, we’ll prove the defect. To prove the defect, we’ll conduct a thorough investigation, including gathering evidence such as witness statements, product testing results, and expert opinions.
- Next, we show causation by demonstrating that the defect caused your injury or harm. This typically requires medical evidence, expert testimony, and other evidence that links the product defect to the injury.
- We demonstrate your damages by showing you suffered damages as a result of the defect. This can include your medical bills, lost wages, and pain and suffering.
Our legal team also identifies all liable parties and holds them accountable for the harm they caused.
If you believe you or a loved one were injured by a defective product, talk to the products liability attorneys at Soroka & Associates today. We want to help. Our Columbus personal injury lawyers serve clients throughout Central Ohio. Call our offices today or fill out our contact form to schedule a free consultation.