When I buy products, I do so with a great deal of trust just like so many other people do. There are times where this trust is misplaced. On occasion, there are products that are not as safe as what they should be and perhaps are defective. Fortunately, there is protection under the law for the consumer who has bought a defective product where they were injured, as well as many a PI law firm that could help handle your case.
There are many individuals that have found themselves in such a situation. However, like myself, in the beginning, I didn’t realize there were laws to protect me. Plus, a lot of people have so little knowledge of the law that it overwhelms them. The first thing to realize is that the burden of proof is not on you to prove the manufacturer was neglectful in the production of the item. What you need to prove is that the item was defective.
It is not just the manufacturer that can be held accountable either. It could be other parties that were involved with the product such as those who designed it. Then the manufacturer as well as the vendors who sold the product.
In my case, I bought a high-end lighter. It was faulty and continued to burn without extinguishing itself when the fuel source was not engaged. Unknowingly I put the lighter back in my pocket while it was still lit. The chair I was sitting on caught fire. Fortunately, I was able to remove the lighter from my pocket before I received personal injury. The chair however was significantly damaged. I contacted the seller who in turn gave me the contact information for the manufacturer.
After contacting them they agreed to pay a few hundred dollars for the chair and that was the extent of it. I did notice that the lighters were still on the shelf where I had originally bought it. Hopefully, this was only one lighter that was defective and I was the one that got it.
There can be all types of defective products. If it is a low-cost item a lot of people will just discard it. But, if they have been injured this is another story. If this happens to you then you should:
- Make sure you keep all of the evidence. If it is a product that has exploded, keep every part of it.
- Take as many pictures as possible that include the location where this happened. Also, pictures of the extent of the injury.
- Keep any packaging the product came in.
- Hang onto the receipts of where you bought the item.
- Make detailed notes of exactly what occurred.
- Get the contact information of anyone who witnessed the incident.
- Keep copies of all medical reports and treatments.
- Keep an accounting of any costs that you incurred as a result of the injury. This will include treatments, prescriptions, and any time off work as a result of your injury.
In the case of an injury, you are most likely going to want to use a personal attorney to represent your case. Not all personal injury cases end up in court. Quite often those involved are willing to settle. However, if you try to negotiate this yourself then the opposing parties will take advantage of you. They will offer you a minimal settlement. They will also try to get you to sign off on any future claims. You may be tempted to do this for a quick settlement, but this may be unwise. You don’t know what future complications could result because of your injury.
A personal injury lawyer will take all of this into account. They will do the negotiations on your behalf. However, they will not agree to settle without your permission.
If it does go to court then the courts will decide the outcome.