What to Do After a Defective Product Injury

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Trent Shuping | 888-981-5602 | Free Consult

Do you know what to do after a defective product injury?

Trent Shuping is a personal injury attorney and partner at the Atlanta-based Warshauer Law Group. In this video, he explains that you must do everything you can to preserve the product as is, along with anything else that could be considered evidence in your case. One way to preserve evidence is by contacting an attorney. A lawyer can make sure that all relevant parties know not to delete security footage or any other document related to the incident.

Contact Trent Shuping directly by calling 888-981-5602 or by submitting a contact form on the side of this page.

Can I File a Defective Product Lawsuit?

To argue negligence in a product liability case, you must prove the following:

  • The defendant owed you a duty of care
  • This duty of care was breached
  • You sustained an injury
  • The breach in the duty of care caused the injury

Under strict liability, all you need to prove is that a defect in the product caused your injury.

You may also file the lawsuit under grounds of “deceit”: if the seller made promises based on the product, you trusted those promises, and sustained an injury as a result.

Finally, you can file under grounds of breach of warranty. In this type of case, the product makers are accused of offering a defect-free product without ever actually checking for defects.

These criteria may change depending on the state you live in. Always consult with an experienced product liability attorney to find out if you are entitled to file a defective product lawsuit.

Who is Liable for Defective Product Injuries?

Depending on the circumstances of the case, many parties could bear responsibility for a defective product injury. Some of these include:

  • The product designer
  • The product manufacturer
  • Manufacturer of component parts used in the product
  • The entity that assembles the product
  • The entity that sold the product to you

Product liability cases require a lot of research and investigation to determine where the negligence or fault occurred. The design could have been flawed from the start, or it could have been made incorrectly. The store could have broken the product before selling it to you. As most product liability attorneys will tell you, these parties will all try to deflect blame to each other, and the attorney must sift through these deflections to find the truth.

If a defective product caused a serious injury or death, schedule a free consultation with an attorney today. You will owe no out of pocket attorneys fees. Personal injury lawyers only receive payment if your case is successful.

To learn more, contact Trent Shuping directly by calling 888-981-5602 or by submitting a contact form on the side of this page.

Video Transcript:

Rob Rosenthal:

Here’s another quick question from AskTheLawyers.com. Do you know what to do if you’re injured by a defective product? Atlanta attorney Trent Shuping has this advice.

Trent Shuping:

Obviously, the first thing you want to do if you’ve been injured, of course, is make sure you get proper medical attention. The second thing that you want to do to make sure they preserve your rights is ensure that the product or device that harmed you is preserved. Oftentimes in our cases, it’s a family member who took this step. A relative may have gone to the hospital and luckily there will be a neighbor or a family member there who is quick thinking and can make sure that the product or whatever it is, the device that harms somebody is kept in the same condition. So it’s important if it’s you to make sure that that happens. Sometimes you can ask for help to do that. Make sure that it’s put away, it’s aside, that it’s marked and that, you know, whoever is in that environment knows not to mess with it or alter it in any way.

Now, oftentimes, injuries happen at work, which can make things a lot more complicated. But in that case, too, you want to try and ask your employer to make sure that they’ll do it. And oftentimes contacting the lawyers, one of the best ways to do this, one of the very first things we do when a client comes to see us who’s been hurt is make sure that we send out letters to whoever has that product or that evidence in their possession and make sure that it’s preserved so that nothing happens to it, so that we’re able to examine it and find out what really happened and then use that to show a jury later on why someone is responsible for the injuries that happened to our client.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.