Maison Law represents injury victims in Lancaster. Of all the different types of accidents you can be in, one that you typically don’t expect comes from a defective or malfunctioning product. Even if you don’t expect it, you can still face serious injuries when this happens. Our Lancaster personal injury lawyers at Maison Law can help. Contact us today for a free consultation to learn more.
Do You Need a Lawyer for Defective Product Injuries in Lancaster?
An injury from a defective product isn’t necessarily like those you’ll find in a regular car accident or slip-and-fall, but it can still impact your life. That said, you only need a lawyer when you have more serious injuries or questions about the legal process.
This is something that can certainly happen when there’s a defective product injury, and our team will be there to help you by explaining your options, gathering information and evidence, negotiating with insurance providers, and guiding you through the claims process. You don’t have to have a lawyer for an injury claim, but managing your injuries and the stress of the claim can be overwhelming. Our team is here to handle that stress for you and make the process easier.
Who’s Responsible For Defective Products in Lancaster?
It might not seem like it, but an accident caused by a defective product can actually come up in a variety of different situations that could happen to you or someone you know in Lancaster.
When you buy something, like a car or a vacuum cleaner, you expect it to work properly. This is especially important if the product could be dangerous. While you understand the risks of items like stoves with heating elements, companies still have a legal duty to ensure safety throughout the entire process, including the:
- Design of the product
- Making of the product
- Selling or rental of the product
- Marketing of the product
This is in line with “product liability” laws in California, which set the legal standard for figuring out who’s responsible when a defective product causes an injury. Failure at any point of the process amounts to negligence, which means any of the following could be responsible for your injuries:
- Designers or engineers
- Manufacturers
- Sellers or those that lease the product
- Parts suppliers
- Testing labs
- Advertisers
Finding out who is responsible depends on where the defect started, when it happened, who knew about it, and what was done to fix it. Often, more than one party may be to blame, which can make the claims process more complicated. However, once this responsibility is established, you can move forward to filing a claim.
What’s the Legal Process After a Defective Product Accident?
When you’re injured, it changes your life, whether temporarily or permanently. This is also true for defective product claims. If a product causes you harm, you’ll face injuries and other losses. So, what can you do? Namely, like any other accident, you can file an injury claim against whoever is responsible.
Specifically, you can either file an insurance claim out of court or a personal injury lawsuit inside the court system. An insurance claim is much less formal and gives you quicker access to a potential settlement, but it’s totally controlled by the insurance company. And with so many parties involved, it’s going to be challenging.
In a lawsuit, the process is largely the same, but it’s overseen by an impartial judge and jury. You can have a fairer chance at a settlement or verdict, but it’s going to take longer. Whichever option you choose is totally up to you, but a successful claim will help you recover:
- Medical expenses – These damages cover treatment costs, hospital visits, ambulance services, and related bills.
- Lost wages – This covers any income lost due to the injury, including potential future earnings.
- Pain and suffering – Financial consideration for physical and mental pain caused by the injury.
- Emotional distress – Financial consideration for emotional impacts like fear, anxiety, or depression from the injury.
- Scarring/Disfigurement – These cover damages for permanent changes to your appearance or abilities, like scarring or amputations.
- Loss of companionship or enjoyment of life – Financial considerations for reduced enjoyment of life, relationships, and activities.
In California, you must file your claim within two years of the accident in order to even have a chance at these damages. Once your claim is filed though, it then becomes your responsibility to do what you can to protect your claim.
How Can You Protect Your Injury Claim?
When you’re hurt by a defective product, the steps you take–or don’t take–after the accident is going to play a big part in your claim. This is similar to other accidents, but is a bit different when there’s a defective product. In some cases, you might not even know a defective product caused the accident. Still, it’s all about gathering the necessary information and evidence you’ll need for your claim. So, here’s what you can do to protect your claim:
- Take care of your injuries -Get medical care right away for any injuries, even if they seem minor. It’s important for your health and to document your injuries.
- Report the accident – Let the retailer, manufacturer, or whoever else is responsible know about the accident. Give details about what happened, the product, and your injuries.
- Gather information – Collect details about the defective product, like its name, model, and serial number. Document how the product failed and what happened during the accident. Also, take pictures of your injuries and the product itself.
- Keep receipts and packaging – Save all receipts, packaging, and related documents. They help prove where and when you bought the product. If you don’t have them, try to get copies or take photos.
- Be careful with statements – Watch what you say about the accident. Avoid admitting fault or giving too many details without our advice. Stick to the facts and don’t post about the accident on social media.
Every accident is different, but what you need to focus on is your health and safety. You might not expect to be hurt in a defective product accident, but these steps can make sure you have a solid foundation for your claim.
What Are Some Common Defective Product Accidents?
Defective products are dangerous not just because they can cause harm, but because they can be found in almost everything you use, like car parts or home appliances. This can narrow down potential accidents and injuries, but they can still happen. So, it’s not only important to know how to respond, but what to look for and expect. Here’s a look at some of the more common types of defective product accidents:
- Car accidents – Faulty brakes, airbags that don’t deploy properly, or defective tires can lead to crashes and serious injuries.
- Household appliances – Appliances in your house with faulty wiring can cause fires, heaters that overheat might lead to burns or fires.
- Toys – Toys with small parts can be choking hazards, and toys made with toxic materials can harm children if ingested or touched.
- Medical devices – Defective pacemakers can lead to life-threatening heart issues, while malfunctioning insulin pumps can cause dangerous fluctuations in blood sugar levels.
- Food and drink issues – Contaminated food or improperly packaged products can result in food poisoning or health hazards.
Again, the sheer number of products you use every day makes a defective product accident more likely than you may realize. No one should have to be injured from a defective product, especially if the manufacturer knew it could cause harm. While some accidents are unpredictable, if you use a product the way you’re supposed to and get hurt due to a defect, you have legal rights.
Frequently Asked Questions
How do I know if a defective product caused my accident?
This can be difficult, but if you’re using the product the way it’s intended to be used and you’re hurt during the use of it, it’s probable that there’s a defect. Still, make sure to document things and keep any packaging. Also, you might want to keep an eye out for any recalls or other complaints.
Can I file a defective product claim if I’m partially at fault?
Yes. You still have the right to file an injury claim, but California’s comparative negligence rule is going to reduce your potential damages by your percentage of fault.
What is a defective product claim?
A defective product claim is when a consumer sues because they were hurt or suffered losses from a product that was badly designed, made with mistakes, or didn’t have the right warnings.
Contact Maison Law After a Lancaster Defective Product Injury
Every company that makes a specific product, no matter what it is, has a legal responsibility to keep you and your family safe. Things might go wrong, but you could still be facing injuries from a defective product. When this happens, our Lancaster defective product injury lawyers at Maison Law will be there to help you. To get the recovery process started, contact us today for a free consultation.
