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 crucial to follow specific steps to ensure their legal rights are protected and to seek compensation.

Steps to Take After Harm or Injury:

Seek Immediate Medical Attention:

Prioritize your health. Obtain medical treatment and keep all records, as they serve as evidence for your injury.

Preserve the Defective Product:

Do not alter or dispose of the defective product. Keep it in the state you found it, as it serves as physical proof of the defect.

Document the Incident:

Capture photos or videos of the defective product, your injury, and any damages. This helps in substantiating the defect.

Collect Proof of Purchase:

Ensure you have documentation like receipts or invoices that link you to the defective product. This establishes your legal connection to the product.

Report the Incident to the Manufacturer or Seller:

Notify the seller or manufacturer about the defect and injury. This documentation can be crucial for legal proceedings if necessary.

Check for Product Recalls:

Research if the product was recalled. A recall may support your case by showing that the defect was already known.

Legal Actions and Protections:

File a Complaint:

If the seller or manufacturer is uncooperative, file a complaint with consumer protection agencies or take legal action in consumer court.

Consult a Lawyer:

In case of severe injuries, seek the help of a product liability lawyer. They can assist in claiming compensation for medical bills, lost wages, and other damages.

Prepare for Court Proceedings:

If legal action is pursued, gather evidence such as medical records, expert reports, and testimony to build a strong case.

Example:

If a consumer purchases a defective electric heater that causes burns due to malfunction:

• Seek immediate medical help and preserve the heater as evidence.
• Retain receipts and document the injury.
• Contact the manufacturer to report the defect. If ignored, legal action can be taken for compensation.