What steps should a consumer take if a defective product causes harm or injury?

When a consumer is harmed or injured by a defective product, it is essential to take immediate steps to protect their legal rights and ensure they receive proper compensation. Acting promptly and gathering the right evidence is key to building a strong case.

Steps to Take After Harm or Injury

• Seek Immediate Medical Attention: Prioritize your health and safety by seeking medical help for any injuries caused by the defective product. Retain all medical records and bills as evidence of the harm caused.
• Preserve the Defective Product: Keep the defective product in its current state without any alterations. This can serve as physical evidence to demonstrate the product’s failure or defect.
• Document the Incident: Take photographs or videos of the defective product, your injuries, and any damage caused by the product. This visual evidence can be critical in proving the defect.
• Collect Proof of Purchase: Ensure you have a receipt, invoice, or other proof that shows you bought the product from the manufacturer or retailer. This establishes your connection to the defective product.
• Report the Incident to the Manufacturer or Seller: Notify the seller or manufacturer about the defect and injury. Retain copies of all communication, as they can be useful if the matter escalates legally.
• Check for Product Recalls: Verify if the product has been subject to a recall, which may strengthen your claim that the product was known to be defective.

Legal Actions and Protections

• File a Complaint: If the seller or manufacturer does not respond adequately, you can file a complaint with consumer protection agencies or take legal action in consumer court.
• Consult a Lawyer: If the injury is severe, consult a lawyer experienced in product liability to guide you through the legal process and help you seek compensation for medical expenses, lost wages, and emotional distress.
• Prepare for Court Proceedings: In the case of legal action, you may need to provide evidence such as expert testimony or technical reports to support your claim of a product defect.

Example

If a consumer purchases a faulty electric heater that causes burns due to a malfunction, they should:

• Seek immediate medical attention and keep the medical records.
• Preserve the faulty heater without tampering with it and take photos of the burns and the defective product.
• Retain the receipt showing where and when the heater was purchased.
• Contact the seller or manufacturer to report the defect and the injury. If they refuse to cooperate, the consumer can file a legal claim under product liability laws for compensation.