How to Handle a Defective Product Claim

Defective products are more than just inconvenient—they can cause serious injuries, long-term disabilities, property damage, or even loss of life. Whether it’s a malfunctioning household appliance, a recalled car part, or a dangerous prescription drug, consumers have the legal right to seek compensation when manufacturers fail to ensure safety.

If you've been harmed by a product, acting quickly and following a strategic approach can strengthen your claim and protect your future. This guide walks you through every step.

1. Seek Medical Attention Immediately

• Your first priority must be your health.
• Even if injuries seem minor at first, complications can develop over time. Prompt medical care ensures proper treatment and creates an official record linking your injury directly to the defective product.
• Tip: Be honest and detailed with medical providers about how the injury occurred. This narrative will become part of your official record, which may be used later in your case.

2. Preserve the Product and All Related Evidence

Do not throw away or repair the product—even if it’s broken beyond use. That broken item could be the most important piece of physical evidence in your case.

Preserve the following:

• The defective product itself
• Original packaging
• Instruction manuals or warning labels
• Receipts, invoices, or proof of purchase
• Photos and videos of:
• The product defect or malfunction
• The injuries sustained
• The scene of the incident

Example: If an air fryer overheats and causes burns, keep the fryer, the box, and take photos of both the appliance and the injuries.

3. Document Everything—And Keep It Organized

Thorough documentation adds credibility and financial clarity to your claim. Maintain a personal injury file with:

• All medical treatment records and billing
• Prescriptions and therapy logs
• Time missed from work (with employer documentation)
• Journal entries detailing pain, emotional distress, and lifestyle changes
• Written communication with the seller, manufacturer, or insurance companies

Pro Tip: Create a timeline of events from the moment of injury to your latest medical appointment. This is often requested by attorneys and can help build your case efficiently.

4. Understand the Type of Product Defect

Not all product liability claims are the same. Identifying the specific type of defect is critical in building a successful case.

Common types of product liability claims:

• Design Defect: The product was inherently dangerous due to a flawed design, even when manufactured correctly.
• Example: A stroller that tips over too easily, even when used properly.

• Manufacturing Defect: A safe design was improperly executed due to errors in the manufacturing process.
• Example: A batch of pressure cookers missing a safety valve.

• Failure to Warn (Marketing Defect): The product lacked proper instructions or warnings about known risks.
• Example: A medication that doesn’t warn users of dangerous side effects.

Your attorney will investigate the root cause of the defect and determine who may be held liable.

5. Report the Defect to Authorities and the Manufacturer

It's important to report the incident to the seller or manufacturer in writing, but avoid making accusations or admitting fault. Simply state what happened, and that you were injured or harmed.

You should also file a complaint with:

• U.S. Consumer Product Safety Commission (CPSC)
• https://www.saferproducts.gov

• FDA (for medications or medical devices)
• https://www.fda.gov/safety/medwatch

• National Highway Traffic Safety Administration (NHTSA) for auto parts
• https://www.nhtsa.gov/recalls

These reports create a paper trail and may also help uncover other similar complaints—supporting a class-action or multi-plaintiff case.

6. Consult an Experienced Product Liability Attorney

Product liability cases are notoriously complex and often involve major corporations with powerful legal teams. A skilled personal injury lawyer can level the playing field and help you:

• Investigate the product’s history and safety record
• Preserve evidence through expert analysis and lab testing
• Identify all liable parties—including manufacturers, distributors, designers, and retailers
• File insurance claims or lawsuits within your state’s statute of limitations
• Pursue maximum compensation in negotiations or at trial

Read More: Our Process: What to Expect During a Personal Injury Lawsuit with Our Firm

7. Understand the Damages You Can Recover

You may be entitled to compensation for both economic and non-economic damages:

Economic Damages:

• Medical bills (past and future)
• Lost income and diminished earning capacity
• Property damage or loss

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

In cases involving gross negligence or willful misconduct, you may also be awarded punitive damages—meant to punish the manufacturer and deter similar behavior.

Explore Real Outcomes:

• Securing a Multi-Million Dollar Settlement for a Brain Injury Victim
• A Look at Our Verdicts and Settlements

8. Don’t Wait—Know Your Legal Deadlines

• Each state has a statute of limitations that limits how long you have to file a product liability claim. This could range from 1 to 4 years depending on your jurisdiction and whether the case involves personal injury, property damage, or wrongful death.
• Missing a deadline—even by a few days—can bar your right to recover damages forever.
• Your attorney can advise you on time limits specific to your state and ensure that all necessary filings are made on time.

Final Takeaway

Defective product claims are serious legal matters that require immediate action, careful documentation, and strategic legal representation. If you've been injured by a faulty product, don’t try to handle it alone. By partnering with a knowledgeable personal injury attorney, you can protect your rights, hold negligent companies accountable, and pursue the compensation you need to recover fully.