Injured by a Defective Product? Here’s When a Lawsuit Makes Sense

When you buy products, you expect them to work as advertised and not cause harm. However, consumer products often fail in ways that cause serious injury and even death. For example, many people have been burned by faulty appliances or become ill from contaminated goods.

That’s exactly why product liability laws exist – to hold manufacturers, distributors, and retailers accountable when unsafe products cause harm. However, not every injury is worth pursuing in court.

If you’ve been hurt by a defective product, here’s the easiest way to know if you should file a lawsuit.

1. Only a lawyer can give you an accurate picture of your case

Quickly scheduling a consultation with an experienced product liability attorney can help you figure out if your case is viable. An attorney can look at the details of your situation to determine if the product defect fits legal standards and if the damages justify litigation. The last thing you want to do is spend your time and energy filing a lawsuit – only to have it dismissed before it’s heard.

2. Understand what constitutes a valid product injury claim

Not every injury will result in a successful lawsuit. Product liability applies when a product is defective in its design, manufacturing, or labeling, and that defect directly caused the injury.

A design defect is when a product is inherently unsafe because it was engineered incorrectly. Even when it’s manufactured correctly, the product still poses a risk of harm. For example, vehicles with an unstable design that can’t withstand a rollover are often the focus of lawsuits.

Manufacturing defects happen during production. They result in a product that deviates from the original design. If this type of defect causes injury, there’s a good chance a lawsuit is warranted.

Another common product injury claim stems from inadequate warnings. All consumer products must include warnings about foreseeable risks. The FDA requires manufacturers to clearly label known risks, even when they seem obvious.

If your injury falls into any of these categories, you might have a lawsuit. However, you should contact an attorney to get a realistic assessment of your case.

3. Can you prove the product caused your injury?

Even when a product defect exists, you need proof that it caused your injury. Medical records are the ideal form of evidence because they’ll show the severity and timing of your injury. If you wait to see a doctor or don’t get checked out at all, it will be harder to connect your injury to the product.

In any case, don’t throw away the product or alter it in any way. It’s not always enough to present photos in court. You might need to have it inspected by an expert to prove mechanical or structural failure.

4. How severe are the damages?

Lawsuits require damages to be successful. The most obvious damages would be medical bills that create a significant financial strain, including an injury that requires long-term care. Time away from work or permanent disability can also hurt your finances and are losses courts recognize.

In some cases, non-economic damages are awarded for emotional distress and loss of quality of life. However, if your damages are minor and covered by insurance, a lawsuit might not be practical. Only a lawyer can tell you if it’s a good idea to proceed.

5. Is there a product recall?

If you were hurt by a product that has been recalled, it can significantly strengthen your case. A recall proves that the manufacturer knows about the safety issue. However, if there’s no recall, it doesn’t mean you can’t file a lawsuit. In fact, your defective product case might be the catalyst for a recall that saves other people from harm.

6. Understand strict liability

Unlike other injury claims, product liability law operates under strict liability, which means you don’t need to prove the manufacturer intended to cause harm. You only need to prove that the product was defective and caused your injury.

7. Is it worth the financial cost?

If you hire a product liability lawyer who takes your case on a contingency where you don’t pay until/unless you win, you don’t have anything to lose, other than your time and energy. Attorneys don’t take cases on contingency unless they’re confident they can win. However, most cases settle before going to trial. Don’t push for a trial if your lawyer says it’s not worth holding out. Juries can be unpredictable and you might end up getting nothing.

Make an informed decision

Suing after a product injury makes sense when there’s clear evidence that the defect caused your injury and you can prove damages. The easiest way to find out if your case is worth pursuing in court is to contact a product liability lawyer.