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What Happens If You’re Injured by a Defective Product?


If you or a loved one has been injured by a defective product, you must first get medical treatment. After you have taken steps to safeguard your health, the next thing to consider is protecting your legal rights.

It’s your right to pursue compensation. Our Denver personal injury attorney firm can help make sure you get the compensation you deserve.

Defective products cause harm to the public by weakening consumer confidence. While product liability laws are created to shield those who have been injured, they also offer greater good by ensuring defective products are restructured or discontinued.

Steps to Safeguard Your Rights

Since there are so many dynamics involved, product liability could still be difficult to prove in court. After an injury from a defective product, there are things you could do to better the victory of your product liability case:

Keep the product – If possible, the most critical thing you can do is to keep the product as evidence. Defective products include:

  • Defective medical devices
  • Drugs
  • Defective toys
  • Defective vehicle parts

If the product was incorrectly constructed or was defective due to a manufacturing mistake, having the item in hand can be the critical evidence you need to substantiate liability. Our Denver personal injury lawyers work with various industry experts to inspect the product to establish the nature and cause of the defect.

Document the product – Anything you can do to present information about how you came to own the defective product can go a long way to verifying liability. Warranties, sales receipts, shipping bills, or maintenance reports are all valuable supporting documents. Additionally, be sure to retain your medical records related to your injury.

Request a free consultation – There are time restraints on product liability cases. The sooner you talk with our attorney, the quicker they can get to work examining your injury and the defective product that instigated it.

Find proof of purchase – The receipt for the transaction that has the product in question can strengthen your claim. At the very least, it will give a dated record of the purchase, which is particularly important if the item is later recalled.

Get medical care – Get medical care immediately after the accident. Even if you feel the injuries you suffered are not life-threatening, you might need swift treatment to avoid complications that could end up being life-threatening. Prioritizing your care will also show a dedication to mitigating damages, and the associated paper trail will certainly strengthen your claim.

Record recoverable damages – Since you can only get compensation for the damage you can prove you suffered, it’s vital to begin recording them from day one. Start a spreadsheet on which you record all injury-related expenses and retain all the related invoices and receipts to verify these figures. Claimants typically find it is simplest to digitize the paperwork before sending it along to their legal team for pursuing.

Report the incident – Reporting the defective product aids in stopping it from hurting others. For instance, if you suffer any injuries due to a defect in a new vehicle, it is crucial to quickly report the problem to both the National Highway Traffic Safety Administration and the automobile manufacturer.

If you have any issues with medications or food products, it is vital to report them to the FDA (Food and Drug Administration). These organizations are responsible for guaranteeing the efficiency and safety of specific products. Your lawyer can assist you in reporting your incident to the required parties.

Product Liability Claim Types

There are three types of product defect claims you might be able to file:

Warranty breaches – These pertain to products that do not execute their functions in any way, thereby violating an implied or express warranty.

Strict liability -This policy is typically used concerning products such as heavy machinery, that by their nature could produce severe injury or death if they are defective.

Negligence – Distributors, manufacturers, sellers, or vendors could be negligent in how they build, sell, or market the product in question.

You should consult an experienced Denver personal injury attorney to decide which legal theory is most fitting for your case. After someone has been injured by a defective product, it’s extremely difficult to establish who is at fault.

Who knew about the defect? When did the product become defective? Products have an extensive trip from the time they are designed and produced until you buy and start using them. Somewhere along the line, several parties may be deemed liable. That’s where contacting a knowledgeable lawyer comes into play.

If you’ve been injured by a defective product, keep the product intact and save it in a place where it won’t be messed with by anyone. Don’t try to repair it yourself or take it apart.

What Not to Do

Never return the product to the manufacturer. It can get misplaced or lost. If you can’t keep the product, collect as much information about the defective product as you can. Also, be sure to take pictures and videos. Record the following:

  • Identification numbers on stickers, decals, or tags
  • Make and model of the product
  • Manufacturer name
  • VIN number (if applicable)
  • Any additional pertinent information

Experienced Denver Attorneys in Defective Product Cases

You might be tempted to get in touch with the manufacturer or the store you purchased the product from and report your injury. But you should first speak with a knowledgeable personal injury lawyer in Denver.

Lampert & Walsh has experience handling product defect cases. We will investigate the history of the product and help decide who is liable. Then, we will request fair compensation for your injuries.

If you have been hurt by a defective product, contact us for a free consultation and speak with one of our attorneys today. In a defective product case, time is of the essence.

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