What Should I do If I’m Injured by a Defective Product?

Whether it’s a household appliance, a medical implant, or a prescription drug, we trust that the products we use every day are safe. That’s because it’s the duty of every manufacturer, product designer, and distributor to ensure that the products and devices we use meet reasonable safety standards and regulations. Unfortunately, defective devices and dangerous pharmaceuticals injure thousands of people in the U.S. every year. These injuries can be life-changing and sometimes fatal, and they often leave victims and families wondering what to do next. 

If you or a loved one has been injured by a defective product, our personal injury lawyers are here to help you explore your legal options and pursue the compensation you deserve. 

Common Defective Devices and Products 

A defective device refers to any product that, due to poor design, manufacturing flaws, or lack of adequate warnings, causes harm to a user. These defects can affect virtually any type of product, including: 

• Consumer goods (electronics, auto parts, tools, appliances) 
• Medical devices (replacement joints, pacemakers, surgical mesh) 
• Pharmaceuticals (prescription drugs, over-the-counter medications) 
• Children’s toys and products 
• Cosmetics and personal care items 

When these products fail to work as intended, or are inherently dangerous without proper warnings, they can cause serious injuries, illness, or even death. Even if a product has approval from a regulatory body or hasn’t been recalled, you may still have a strong legal claim if it caused you harm due to a defect. Many defective products and devices lawsuits in the past have included: 

• Exploding batteries in laptops, phones, or e-cigarettes 
• Tainted medications that cause various health issues 
• Metal-on-metal hip implants that fail prematurely or release toxic debris into the body 
• Defective airbags or seat belts that fail during a car crash 
• Contaminated baby formula or toxic substances in children’s toys 
• CPAP machines recalled for releasing carcinogenic particles 

Whether the product was recalled or not, you may still have a valid claim if it caused you harm. 

Who Can Be Held Liable in a Defective Product Case? 

In a product liability case, multiple parties in the supply chain may be legally responsible for your injuries, including: 

• The Manufacturer: if the design was dangerous, or a flaw occurred during production, they may be held accountable. 
• The Distributor or Wholesaler: if a third-party company was responsible for distributing the defective product, they can be included in the lawsuit. 
• The Retailer: the store or online platform where you purchased the product may share responsibility, especially if they sold a recalled or dangerous item. 
• Testing Laboratories or Third-Party Inspectors: if independent labs were involved in quality assurance and failed to identify the danger, they may also face liability. 

The Types of Defects in Product Liability Claims 

There are three main types of product liability claims: 

 1. Design Defects

This occurs when the product is inherently unsafe due to its design. For example, a power tool with an exposed blade and no guard could be considered dangerously designed. 

 2. Manufacturing Defects

This occurs when the product was designed safely, but an error occurred during the manufacturing process. Situations like this can include a batch of contaminated medication or a cracked medical implant. 

 3. Failure to Warn (Marketing Defect)

This occurs when the product is sold without proper warnings, usage instructions, or side effect disclosures. This is common in pharmaceutical and medical device claims. 

What to Do If You’re Injured by a Defective Product 

If you’re injured by a defective product, the most important thing you can do is seek immediate medical attention. Just make sure to document your injuries from the very beginning. Medical records created at this stage will serve as vital evidence if you pursue a legal claim. Take detailed photos of your injuries and the product in question, write down your account of what happened as soon as possible, and collect contact information from any witnesses who may have seen the incident. 

Next, make sure to preserve the defective item. This includes the product itself, all packaging, instruction manuals, and receipts. Even if the item is damaged or seems insignificant, do not discard it. Holding on to this physical evidence can be crucial to proving that the product was indeed defective and that the defect caused your injuries. 

Do not attempt to repair, modify, or throw away the product. It might be tempting to try to fix it or dispose of it out of frustration or concern, but altering the product in any way can damage or destroy evidence that’s crucial to your case. 

Avoid posting about the incident or your injuries on social media. Insurance companies and defense attorneys often comb through social media accounts to find statements or photos that can be used against you. A seemingly innocent post can be misinterpreted and used to downplay your injuries or shift blame. 

Finally, never sign anything from the manufacturer, retailer, or their insurance company without speaking to your attorney first. These parties may offer you a quick settlement or ask you to sign a waiver of liability. These offers are often designed to minimize their financial exposure and may prevent you from seeking the full compensation you deserve.  

Get a Product Liability Attorney Today

Product liability cases are highly technical. You may be going up against large corporations with deep pockets and aggressive legal teams. 

At Morelli Law Firm, we’ve taken on companies like this and won, securing millions for victims of dangerous products, medical devices, and pharmaceuticals. Our team is ready to fight for you, whether you’re up against a pharmaceutical giant or a negligent manufacturer. 

If you or a loved one has been harmed by a defective product or device, don’t wait. Time limits for filing product liability lawsuits can vary by state and product type. Contact us today for a free, no-obligation consultation.