How Can I Recover Compensation After Being Injured by a Defective Product?
The answer to this question is that you can sue the manufacturer if you were injured by that product, even if it had been recalled. However, the attorneys for the manufacturer are probably going to try and say because the product was recalled, you knew it and chose to use it. For help fighting this, you need a lawyer by your side with experience in handling these types of claims so you can recover the compensation you deserve.
Consumers Are Often Unaware of Product Recalls
Recalls for defective or dangerous products are fairly common but not heavily advertised. The people who are notified are those who conduct the manufacturing, distribution and sales of those products. That doesn’t mean that consumers are aware of a product recall even if they watch the news on television. The manufacturer of the product that caused your injury has to be able to prove you were aware of the recall.
Is the Manufacturer the Only One Who Can Be Held Liable for Injuries?
The responsibility for injuries to someone who uses a product and is injured by it extends much further than just the manufacturer, especially if it was recalled. If a repair person or owner of a retail store is still using a product that was recalled and it results in an injury, they may also be liable.
What May Be Recovered in a Product Liability Lawsuit?
Areas where a product may be defective or dangerous include its design, manufacturing process or labeling when a failure-to-warn is omitted on usage, instructions or potential dangers. When a product liability claim is filed, the injured party may be able to recover:
- Medical expenses including physicians, hospitalization, prescription drugs, physical therapy and others that relate to the injury accident
- Lost wages from the inability to work
- Earning capacity that was lost when an injured party becomes permanently disabled or has to take a lower-paying position
- Pain and suffering can be recovered, which includes physical trauma as well as emotional and mental suffering
- When gross negligence is involved, the injured party may be able to ask for punitive damages
In most cases, a settlement can be reached with the insurance carrier of the manufacturer when a recalled product is involved. If it isn’t, the case can be taken to court.
What Should I Do if I’m Injured by a Product That’s Been Recalled?
To protect your claim and document your injury after being harmed by a defective product, you should do the following:
- See a physician or go to the emergency room when you’ve been injured. This is not only to check your injuries and get the medical care you need but also to document your trauma.
- Photograph the product or have someone else do it as well as your injuries.
- Memory can fade quickly, so write down what happened to you and how the injury occurred. You should include the receipt for the product or the date and location you purchased it.
- Don’t throw away the defective product that caused your injuries. Keep it as evidence as well as instructions or packaging if you have it.
Olinde Law Firm – Product Liability Claims
Olinde Law Firm in New Orleans helps injured clients who have been harmed by defective products such as Zantac to get the compensation they deserve. Contact us at (800) 587-1889 for a free case review. Additionally, we are available online. Your chance of recovering fair compensation after you’ve been injured by a defective product is much higher with the help of an experienced attorney.