People buy and use all sorts of goods and products regularly. Our daily needs are often met with whatever we can purchase from a store or online. Unfortunately, not all products are safe to use, and people get hurt. In such a case, injured victims should seek emergency help and contact a lawyer.
If you are injured because of a defective product, seek immediate medical help. If necessary, call an ambulance. Otherwise, have someone drive you to the emergency room right away. After receiving treatment, call a lawyer to discuss how you can get fair compensation for your injuries. The manufacturer of the defective product, the retailer who sold it to you, and various others within the chain of sale may be held responsible.
Begin your case with a free case evaluation by calling our New Jersey personal injury attorneys at Agrapidis & Maroules, P.C. at (201) 777-1111.
What You Should Do if You Are Hurt Because of a Defective Product in New Jersey
If you were injured while using a good or product that turned out to be defective, you should get medical care right away and contact an attorney. You may be entitled to fair compensation for your damages, and your lawyer can advise you of your legal options.
Get Immediate Medical Attention
Your first step is to go to the hospital. If your situation constitutes a serious emergency, call 911 and get an ambulance. If you feel that you do not need an ambulance, have someone drive you to the emergency room immediately.
Getting medical care is important for two reasons. First, you need treatment for your injuries so they can fully recover.
Second, when you receive treatment, your doctors should document everything about your injuries and medical care in your medical records. These records may then be used as evidence to prove the extent of your injuries and the cost of treatment.
Save the Defective Product
Your next step is to preserve the defective product that injured you. Many people throw away or otherwise dispose of products once they realize they are defective, but this is not a good idea. To prove your claims that the defective product caused your injuries, we must have the product itself.
The defective product should be inspected by a professional who can determine what was wrong with it. Without the product, your lawsuit for damages might be severely weakened.
Document Everything
Between getting medical attention and contacting a lawyer, document as much as possible.
Take photos of your injuries and the defective product.
Save any receipts or proof of purchase from when you bought the product.
Make notes about what was going on when the accident happened. What were you doing? Was anyone else with you? How were you using the product when it malfunctioned and injured you? All this information will be important when you begin your case.
Contact a Lawyer
After you have received the medical care you need, call a lawyer for help. An attorney can review the facts of your accidents, evaluate any evidence you have, and explain what you can do to get fair compensation.
You should contact a lawyer sooner rather than later. In New Jersey, injured victims may only have 2 years from the date of their accidents to file a personal injury lawsuit.
Can You Get Compensation After Being Injured by a Defective Product?
You may be entitled to financial compensation after an accident caused by a defective product. Exactly how much your case is worth and who should pay depends on your specific circumstances and evidence.
Sue the Manufacturer
When suing for injuries caused by a faulty or damaged product, you may be able to sue the manufacturer. This is common when there is evidence showing that the product was damaged during production or produced incorrectly.
Our New Jersey personal injury attorneys may need to have your case reviewed by an industry expert who produced the product.
For example, if you were injured in a car accident because the new brakes you just had installed on your vehicle were faulty, an automotive expert should inspect the brakes. They may compare the brakes and how they were produced to industry standards to determine whether the manufacturer is to blame.
Sue the Retailer
When suing for damages caused by a faulty product, various entities within the chain of sale may be held responsible. The chain of sale includes the numerous people and businesses that get a product from the manufacturer to the consumer.
For example, you may sue the manufacturer, but you may also sue the retailer who sold you the defective product, depending on the circumstances.
This is especially important when the retailer should reasonably inspect the product before selling it. For example, if you purchase tires from an auto mechanic and the tires are faulty, the auto mechanic may be held responsible if they failed to inspect the tires before installing them on your vehicle.
Available Damages
The types of damages available vary from case to case. Generally, plaintiffs may sue for economic and non-economic damages.
Economic damages revolve around the financial cost of the accident and injuries. Medical bills, damaged property, and lost income if your injuries prevent you from working should all be accounted for.
Non-economic damages revolve around painful personal experiences and often cannot be proven solely with evidence of cost. Your physical pain, emotional distress, humiliation, and any loss of quality of life should be included in your claims.
FAQs About What to Do After an Accident Involving a Defective Product in New Jersey
What You Should Do Immediately Following an Accident with a Defective Product?
Immediately after an accident involving a damaged or faulty product, you should go to the hospital to be evaluated and treated. If possible, try to preserve the product so it may be used as evidence later.
Can You Sue for Damages After Being Hurt by a Defective Product in New Jersey?
Yes. You may be able to sue the manufacturer of the item in question if it was produced incorrectly so that it was dangerous and faulty. Alternatively, you may sue the manufacturer or retailers if the item was dangerous because it was somehow damaged before you purchased it.
Who is Responsible for Accidents Involving Defective Products?
Various businesses and entities within the chain of sale may be held responsible for accidents and injuries caused by a defective product. Manufacturers are often responsible if they are determined to have produced defective goods. Retailers might also be responsible for selling a damaged or faulty product to consumers.
How Do You Know if a Product Was Defective After an Accident?
It might be difficult to understand how a product malfunctioned unless we have it properly inspected by a professional. We must have the product inspected, because defendants will likely argue that you caused the accident by using the product improperly.
Speak to Our New Jersey Personal Injury Attorneys for Help
Begin your case with a free case evaluation by calling our Newark, NJ personal injury attorneys at Agrapidis & Maroules, P.C. at (201) 777-1111.