What to Do After a Defective Product Injury
If a product injured you, what you do next can decide the case — because in a product claim, the product itself is usually the most important evidence. Here is a clear order of operations.
Get medical care
Take care of the injury first and keep every record. Prompt care protects your health and documents the harm, connecting it to the product for a later claim.
Preserve the product — do not fix or toss it
This is the step people most often get wrong. Do not repair, alter, clean, or throw away the product, and do not let anyone else do so. Store it safely, exactly as it is. Discarding it can hand the manufacturer a defense or end the case.
Gather the product details
Record the make, model, and serial or lot number, where and when you got it, and keep the packaging, warnings, manuals, and receipt. These identify the exact unit and its maker.
Document the injury and scene
Photograph the product, the scene, and the injuries — and keep photographing injuries as they heal. Get the names of any witnesses and write down what happened.
Do not act on a recall notice yet
If you learn the product was recalled, do not send it back, discard it, or accept a repair before getting advice — doing so destroys your evidence. Save the recall notice.
Get a free review — mind the deadlines
Product cases can involve a statute of repose in addition to the ordinary filing deadline, so the timing can be tricky. A review can preserve the product, arrange expert analysis, and identify every responsible company.
Frequently asked questions
The product still works — should I keep it anyway?
Yes. Even if it still works or seems fine, keep it exactly as it is. An expert may need to examine the actual unit, and discarding it can seriously weaken a claim.
The manufacturer offered a refund. Should I take it?
Be cautious. Accepting a refund, repair, or replacement can mean giving up the product — your key evidence — and may come with a release. It is worth getting advice before you do.
Keep reading
This article is general information about Product Liability injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to product liability.
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