Injuries from defective products are surprisingly common, with 12.7 million people visiting emergency rooms in 2023 for treatment because of injuries caused by defective products. Thankfully, that’s only a small 1% increase from the previous year and a 5.4% reduction in 2019. Beds, pillows, and mattresses cause 923k injuries a year, while chairs, sofa beds, and sofas cause 615k injuries. In the 0-4 age group, kids are most likely to be injured by soaps and detergents, followed by TVS, with 5,859 injuries.
As a parent, keeping your child safe is your number one priority. But even with the best supervision, accidents can still happen. In case of such an injury to your child, consulting with a product liability attorney is highly advisable. Here are some other necessary steps you can take.
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Seek Medical Attention Immediately
Your first priority is to seek medical care for your child. Even if the injury seems minor, it’s important to have a doctor examine your child and document any injuries. This medical record will be important evidence if you pursue legal action later. Depending on the severity of the injury, you may need to call 911 or go to the emergency room. Make sure to keep any defective parts or products so they can be examined later.
Document Everything
After seeking initial medical care, document everything you can about the incident, defective product, and resulting injuries. Take photos of any injuries as they develop, the defective product, and the surrounding area if it contributed to the accident. Keep a written record of the manufacturer, product name and model, where/when it was purchased, and a detailed account of how the injury occurred. Having this documentation will help prove your case.
Report Defective Products
Once your child is cared for, report the defective product to the Consumer Product Safety Commission (CPSC). This federal agency oversees thousands of household products and relies on consumer complaints to identify potentially dangerous defects. You can file a report online at SaferProducts.gov or by calling their hotline. Reporting the product provides the CPSC with data to establish patterns of defects and investigate product safety.
Contact the Manufacturer
There were more than 80k product recalls in the US during 2023. Contact the manufacturer directly to report the defective product and resulting injury. Many companies have customer service lines to handle complaints and will want documentation of the incident. They may request you submit the defective product to them for inspection. Depending on their response, they may offer a refund, product replacement, or compensation for medical bills/injuries. Get any offers in writing.
Hire a Defective Products Liability Lawyer
For severe injuries, hire an experienced defective product liability attorney to review your case for free and determine if you have grounds to file a lawsuit. A lawyer can negotiate a much higher settlement from the manufacturer than you are likely to obtain yourself.
Pursuing legal action is often the only way to get justice when companies release defective products that put consumers at risk. By taking quick action and consulting an attorney after your child’s injury, you can hold the negligent manufacturer accountable and get the financial recovery your family needs.
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