When you purchase a product, you expect it to be safe for use. However, defective products cause thousands of injuries every year, leaving victims with medical expenses, lost wages, and emotional distress. If you’ve been injured by a defective product, you may have the right to seek compensation from the manufacturer, distributor, or retailer. But proving a product was defective and directly responsible for your injury requires legal expertise and thorough evidence collection.
At Gould Injury Law, we specialize in helping victims of defective products get the justice they deserve. Our aggressive representation ensures that negligent companies are held accountable. If you need legal assistance, don’t hesitate to contact us today.
Understanding Product Liability
Product liability laws protect consumers by holding manufacturers and sellers responsible for injuries caused by defective products. There are three primary types of product defects:
- Design Defects – The product’s design is inherently unsafe, even if manufactured correctly.
- Manufacturing Defects – A flaw occurs during the production process, making the product dangerous.
- Marketing Defects (Failure to Warn) – The manufacturer fails to provide adequate instructions or warnings about potential risks.
To pursue a successful claim, you must establish that one of these defects existed and directly caused your injury.
Steps to Prove a Defective Product Caused Your Injury
1. Preserve the Defective Product
The first and most crucial step is to retain the defective product in its post-accident condition. Do not attempt to fix it, as this could alter critical evidence. Store the product, including all packaging and instructions, safely and securely.
2. Gather Evidence of Your Injury
To strengthen your case, you must document your injuries thoroughly. Essential evidence includes:
- Medical Records – Seek medical attention immediately and keep all records of diagnosis, treatment, and medical expenses.
- Photographs and Videos – Capture images of the defective product, your injuries, and the accident scene.
- Witness Statements – If anyone witnessed the incident, obtain their statements and contact information.
- Receipts and Purchase Records – Proof of purchase, such as a receipt, invoice, or credit card statement, is essential to establish ownership and usage of the product.
3. Establish a Direct Link Between the Product and Your Injury
You must demonstrate that the defect directly caused your injury and that the injury was not the result of misuse. Expert testimony from engineers, medical professionals, and safety specialists can help prove that the product was defective and unreasonably dangerous.
4. Prove Negligence or Strict Liability
There are two main legal approaches to defective product cases:
- Negligence – You must prove that the manufacturer failed to exercise reasonable care in designing, producing, or marketing the product.
- Strict Liability – In many states, you do not need to prove negligence; instead, you must show that the product was defective and caused your injury when used as intended.
5. Review Similar Complaints or Recalls
Check whether the product has been recalled or if other consumers have reported similar injuries. The Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) frequently publish recall alerts. If a recall exists, it strengthens your case that the product was indeed dangerous.
6. File a Product Liability Claim
If a defective product has caused your injury, you may be entitled to compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages (in cases of gross negligence)
At Gould Injury Law, we understand that time is of the essence. The statute of limitations for product liability claims varies by state, so it’s critical to take action promptly. Schedule a free consultation today to discuss your case.
Common Examples of Defective Products
Defective products can come in many forms, including:
- Automobile Defects – Faulty airbags, brake failures, or defective tires
- Medical Devices – Malfunctioning pacemakers or defective hip implants
- Pharmaceuticals – Dangerous drugs with undisclosed side effects
- Children’s Toys – Choking hazards or toxic materials
- Household Appliances – Fire hazards due to faulty wiring
If you have suffered due to any of these or other defective products, our legal team can help you pursue compensation. Learn more about our expertise in personal injury cases.
Why Choose Gould Injury Law?
At Gould Injury Law, we are known as "The Fast Firm" because we aggressively pursue compensation for our clients without unnecessary delays. Our experienced team will:
- Investigate your claim thoroughly
- Gather critical evidence to prove liability
- Negotiate with insurance companies on your behalf
- Take your case to court if necessary
We operate on a contingency fee basis, meaning you pay nothing unless we win your case. Get in touch with us to find out how we can fight for you.
Take Action Now
If you or a loved one has been injured by a defective product, don’t wait to seek legal help. The sooner you act, the better your chances of securing the compensation you deserve. Call Gould Injury Law at [your phone number] or schedule a free case evaluation today!
Let us fight for you so you can focus on your recovery.
