Product injuries can happen suddenly and leave victims facing serious consequences—from physical harm to financial hardship. Whether it’s a malfunctioning appliance, defective car part, dangerous pharmaceutical, or toxic household item, product liability law exists to hold manufacturers and sellers accountable.
But after a product injury, many victims feel overwhelmed and unsure of what to do next. Taking the right steps early on can make the difference between a strong personal injury case and a lost opportunity for justice. At Hayes Law, we’ve helped clients go up against some of the largest corporations—and win. Here’s how to protect yourself after being injured by a defective product.
1. Prioritize Your Health and Safety
Your well-being comes first. If you’re injured, seek immediate medical attention—even if the injury seems minor. Some complications, such as internal bleeding, infections, or chemical exposure, may not show immediate symptoms. Visiting a doctor also creates a formal medical record that can later support your claim.
Don’t delay treatment or attempt to “wait it out.” Insurance companies often use gaps in treatment to argue that the injury wasn’t serious—or wasn’t caused by the product at all.
2. Preserve the Product and Its Packaging
If it’s safe to do so, keep the product that caused your injury. Don’t throw it away, attempt to fix it, or let the manufacturer inspect it before you speak with an attorney. Also, hold onto any original packaging, receipts, instruction manuals, warning labels, and warranty documents.
These items can be essential pieces of evidence in a product liability claim. They help establish how the product was marketed, whether it had appropriate warnings, and whether a defect existed when it left the manufacturer.
3. Document Everything
The more documentation you have, the stronger your case may be. Start by writing down exactly what happened as soon as possible while your memory is fresh. Include:
- The name, make, and model of the product
- Where and when you purchased it
- How the injury occurred
- Who was present during the incident
- The symptoms you’ve experienced and any treatment you’ve received
In addition, take photos or videos of your injuries, the product, and the scene of the incident. Save all medical bills, pharmacy receipts, and lost wage information. These details can be used to prove damages later in your case.
4. Avoid Talking to the Manufacturer or Insurance Company
You may receive a call or letter from the product’s manufacturer, the store where it was purchased, or their insurance company. They may ask for a recorded statement or even offer a small settlement.
Do not engage with them without legal counsel. Anything you say can be used against you, and early settlement offers are often far below the actual value of your claim. These companies are protecting their interests—not yours.
5. Don’t Post About the Injury Online
You may be tempted to share your story on social media, especially if the injury was shocking or caused public disruption. However, posting online can harm your case. Opposing attorneys may scour your accounts for anything that undermines your claim or suggests you’re not as injured as you state.
It’s best to stay offline or keep your posts unrelated to your injury and recovery while your case is pending.
6. Understand the Types of Product Liability
There are generally three main categories of product liability:
- Design Defects: The product was flawed from the beginning, making it inherently dangerous.
- Manufacturing Defects: An error occurred during the production process, affecting only certain units.
- Marketing Defects (Failure to Warn): The product lacked proper instructions or warnings.
An experienced personal injury attorney can determine which type applies to your case and build a legal strategy around it.
7. Consult an Experienced Product Injury Lawyer
Product liability cases are complex and often involve going up against powerful corporations with deep legal resources. That’s why working with a firm that has experience—and a proven track record of results—is essential.
An attorney can help you:
- Identify all responsible parties (e.g., manufacturers, retailers, distributors)
- Preserve and analyze evidence
- Work with expert witnesses to support your claim
- Navigate product recalls or class actions
- Maximize your compensation for medical costs, pain and suffering, lost wages, and future care
At Hayes Law, we don’t back down from tough opponents. Whether the case involves a national brand or a local manufacturer, we pursue justice with tenacity and care.
How We Can Help
At Hayes Law, we understand how overwhelming it can be to suffer an injury from a product you trusted. Jillian Hayes and Jim Hayes lead our experienced legal team with a commitment to protecting injured individuals and holding corporations accountable. We’ve successfully gone toe-to-toe with the biggest companies and secured meaningful compensation for our clients.
If you or a loved one has been harmed by a defective or dangerous product, don’t wait. Contact us for a free consultation. We’ll evaluate your case, explain your rights, and guide you every step of the way. Let us fight for the justice and compensation you deserve.
