Holiday shopping often means bringing new products into your home. Toys, electronics, appliances, tools, decorations, furniture, and other purchases can become part of everyday life almost immediately.
Most people expect the products they purchase to be safe when used as intended. But what happens when a product is defective and causes a serious injury?
A defective product can turn an ordinary holiday purchase into a painful and expensive situation. Depending on the circumstances, an injured person may have a potential product liability claim.
What Makes a Product Defective?
A product can have different types of defects.
A manufacturing defect can occur when something goes wrong during the production process, causing an individual product to differ from the intended design.
A design defect involves a problem with the product’s design itself.
A product may also present a danger because important warnings or instructions are inadequate under the circumstances.
The specific facts matter. Not every malfunction gives rise to a legal claim, and an investigation may be necessary to determine why the product failed.
What Should You Do After a Product Causes an Injury?
Your first concern should be your health.
If the injury is serious, seek medical attention promptly. Follow medical instructions and keep documentation related to your treatment.
Next, preserve the product if it is safe to do so.
Do not throw the product away. Do not attempt to repair it. Avoid altering or modifying the item.
Keep the packaging, instructions, warnings, receipts, order confirmations, photographs, and other materials associated with the purchase.
These materials may help establish what product was purchased, where it came from, and what instructions or warnings accompanied it.
Take Photographs Before Anything Changes
If you can safely do so, photograph the product and the location where the injury occurred.
Depending on the circumstances, useful photographs might include:
- The product itself
- The damaged or broken component
- Packaging
- Warning labels
- Instructions
- The surrounding area
- Visible injuries
- Property damage caused by the product
If another person saw what happened, preserve their contact information.
Do not rely entirely on memory. Photos and records can become increasingly important as time passes.
Keep Your Purchase Records
Holiday purchases can be made online, in stores, through marketplaces, or from third-party sellers.
Keep your receipt or electronic purchase confirmation.
If the product was ordered online, save the order confirmation and product listing information. If you purchased it in a physical store, preserve the receipt and packaging.
You should also make note of the product’s model number, serial number, manufacturer, and other identifying information when available.
What If You Were Injured by a Gift?
A person injured by a defective product does not necessarily have to be the person who purchased it.
For example, a family member may purchase a product as a holiday gift, and someone else may be injured while using it.
The important questions include what happened, how the product was defective, how it was used, and what injuries resulted.
That is why preserving the product and related documentation is so important.
Do Not Assume the Seller or Manufacturer Is Automatically Responsible
Product liability cases can involve complicated factual and legal questions.
The identity of the manufacturer, seller, distributor, or other parties may matter. The nature of the defect and how the product was used may also matter.
You should avoid making assumptions about responsibility before the circumstances have been investigated.
A product that breaks does not automatically mean someone is legally liable. At the same time, an injured person should not assume there is no claim simply because the product was purchased from a major retailer or manufacturer.
Serious Product Injuries Can Have Long-Term Consequences
A defective product can cause many different types of injuries.
Depending on the product and circumstances, an accident may result in burns, fractures, traumatic brain injuries, spinal injuries, amputations, or other serious harm.
Some injuries can require extensive medical treatment and affect a person’s ability to work or participate in everyday activities.
If you suffered a significant injury because of a product, consider getting legal advice before discarding evidence or agreeing to a settlement.
How Can a Personal Injury Attorney Help?
A product liability investigation may require examining the product itself, purchase records, warnings, instructions, photographs, medical records, and other evidence.
At Cossé Injury Law, our attorneys handle product liability and serious injury matters for clients throughout Louisiana. We work to understand how an injury occurred and what evidence may be important to a claim.
If a holiday purchase caused you or a family member to suffer a serious injury, contact Cossé Injury Law at (504) 438-2342 to discuss the circumstances.