Avoiding Legal Trouble

Dos And Don'ts When Pursuing A Defective Product Claim

If you have been injured by a product that you believe to be defective, you may want to pursue a defective product liability claim against the company that makes the product. In doing so, you can recover funds to cover your medical expenses, the cost of the product, and even any wages you missed out on as a result of injuries that the product caused. However, pursuing a product liability claim can be complicated. To increase your chances of success, follow these dos and don'ts.

Do: Save all paperwork related to the product.

This includes everything from the receipt, to the product package, to the email responses the company sent when you first complained about the product. Digital copies are great, but make sure you print out copies, too. You don't want needed documentation to go missing if someone hacks into your cloud account or a hosting company has security issues.

Don't: Call and threaten to sue.

In fact, don't communicate with the company at all if you intend to file a lawsuit. You would not want to say something that may unintentionally result in you accepting fault for the product failure. Leave any and all communications with the company to your lawyer. Your lawyer may instruct you to send certain emails or letters, but you should only do this under their direct instruction.

Do: Hire an experienced, specialized attorney.

Defective product liability claims are a rather specialized, nuanced type of lawsuit. If you hire a general attorney, they probably won't have a lot of experience in this field, so they may not grant you the best representation. Instead, look for a lawyer who has specific experience working in product liability. They will be able to come up with the best angle for your case, ensuring you win -- and win the amount you deserve.

Don't: Be opposed to a class action lawsuit.

If you have had trouble with a certain product, there is a good chance that others have had the same or similar problem. Your attorney may be familiar with people who have had these same problems, or they might reach out and try to find these individuals. If there are others willing to file a claim against the company, you may end up as a part of a class action lawsuit in which a big group of you sue the company that made the defective product. Class action lawsuits tend to be taken more seriously by the court, so do not be opposed to this route if your attorney suggests it. 

For more information on defective products law, contact your local law office.