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What Actions Should I Take if I’m Harmed by a Defective Product?

product liability is written in chalk on a small slate with a judge's gavel positioned next to it

Serious injuries can occur when a product malfunctions or doesn’t work as intended. The steps you take after an injury that results from a faulty product or medical device could make a difference in your ability to support a claim. The manufacturer will undoubtedly try to refute your claim, so you must know what evidence to preserve and how. You’ll also want to report the defective product to prevent others from experiencing the same harm and to protect your rights as a consumer.

Let’s walk through critical steps to take if you or a loved one is harmed by a defective product.

Protect Yourself

After any injury, your next steps must focus on preventing further harm. Though you may never want to see the faulty item again, do not discard or alter a defective product. The product is tangible evidence for investigating and supporting your product liability claim.

Here are additional ways to safeguard your interests after an injury:

  • Seek medical attention immediately to treat the injury and make an official record of the prognosis and damages caused.
  • Discontinue use of a defective product to prevent further injury or damage; stopping use also maintains the integrity of the product when it caused the injury.
  • Take photos of where the accident or incident occurred, especially if the product must be removed from the location for safety reasons.
  • Gather the product, packaging, receipts, instructions, installation invoices, and any other relevant items.
  • Document injuries, bruising, and lacerations caused by the incident that are likely to fade over time.
  • Write down an account of what happened, including the actions leading up to and following the injury, and include any details about the product location, setup, and events you can recall.
  • Avoid sharing your experience publicly and on social media so the manufacturer cannot use something written in anger or frustration against you.

Report the Defective Product

It’s within your consumer rights to report a defective product to warn others and keep faulty items off store shelves and out of homes. The target of a defective product complaint varies based on the item type and specific circumstances. If you aren’t certain, speak to a product liability attorney who can assess your situation and guide your next steps. Generally, reports of a faulty household item, medical devices, toys, electronics, or other consumer goods will be made to one or more of these entities:

  • Manufacturers: Reporting the issue to the manufacturer can alert them to review their quality assurance, instructions, or other matters to protect the next person from harm; if you’re seriously injured, do not return the product or exchange it, as it is critical evidence.
  • Consumer Product Safety Commission: Report unsafe products online for agency review to provide information that may contribute to product recalls or penalties against the appropriate entity.
  • Food and Drug Administration (FDA): Complaints on certain medical devices, cosmetics, food, and biologics must be made through the FDA’s MedWatch program.
  • National Highway Traffic Safety Administration (NHTSA): Report safety-related defects for vehicles, car seats, and related equipment to the NHTSA. 
  • Local Consumer Protection Agency: Each state’s consumer protection office can help with complaints against a business that creates faulty products.
  • Better Business Bureau: Leave feedback on the BBB website to warn other consumers of faulty services or products, especially if the company doesn’t follow up with an adequate resolution.

Consult With a Product Liability Lawyer

You don’t need to choose between reporting a defective product to a safety agency or contacting a lawyer. You can alert the manufacturer and safety commissions and an attorney—in any order.

If you aren’t sure which agency to alert or whether your situation qualifies for a formal complaint, share your experience with a product liability attorney who can explore legal theories—a design defect, manufacturing flaw, or warranty issue—to determine which to pursue.

Identifying all liable parties is a complex process. With a team of product liability attorneys advocating for you, you don’t need to be familiar with defective product regulations or case law. Your job after an injury is to provide evidence to support your claim—or allow your attorney to collect this on your behalf—and focus on your recovery. If you’re ready to share your experience and plan a path forward, please don’t hesitate to reach out to our team.

Contact Bell Legal Group at (843) 948-5939.