When defective products cause injuries or harm, victims have the right to hold manufacturers, distributors, and retailers accountable through product liability lawsuits. Pursuing justice can seem overwhelming, but understanding the step-by-step process can empower you to take action confidently.
At Hayes Law, we specialize in personal injury cases, including product liability lawsuits, delivering exceptional results for our clients—even against major corporations. This guide outlines the essential steps to seek justice for harm caused by defective products.
Step 1: Seek Medical Attention and Document the Injury
Your health and safety should always come first. Seek immediate medical attention to address your injuries and document them thoroughly. Medical records will serve as critical evidence in your case, linking your injuries directly to the defective product.
Step 2: Preserve the Defective Product
Do not dispose of the defective product. Keep it in a safe place along with its packaging, instructions, and receipt. These items are crucial evidence that can demonstrate the defect and the product’s role in causing harm.
Additionally, take photos or videos of the product, the injury, and the accident scene. Visual evidence can strengthen your claim significantly.
Step 3: Contact a Product Liability Attorney
Product liability cases often involve complex legal and technical issues, as well as opposition from well-funded corporate legal teams. Consulting an experienced personal injury attorney, like those at Hayes Law, ensures that your case is handled with expertise and diligence. Your attorney will evaluate the details of your case and determine the best course of action.
Step 4: Determine the Type of Product Liability Claim
Product liability claims fall into three main categories, and identifying the correct type is essential:
- Defective Design: The product’s design is inherently unsafe.
- Manufacturing Defect: Errors during production made the product unsafe.
- Failure to Warn: The manufacturer failed to provide adequate warnings or instructions about the product’s risks.
Your attorney will review your evidence and help determine the most appropriate claim for your situation.
Step 5: Investigate the Product and Gather Evidence
Your attorney will conduct a thorough investigation, which may include:
- Reviewing the product’s history for recalls or similar lawsuits.
- Consulting with industry experts to evaluate the defect.
- Analyzing company records and production processes.
- Collecting witness statements, medical records, and expert testimony.
This stage builds the foundation for your case and establishes liability.
Step 6: File the Lawsuit
Once sufficient evidence has been gathered, your attorney will file a lawsuit against the responsible party or parties. This legal document outlines your claim, the damages you seek, and the basis for liability. The defendants will then respond, often denying responsibility or presenting alternative explanations for your injuries.
Step 7: Engage in the Discovery Process
The discovery phase allows both sides to exchange evidence and information. During this phase, your attorney may:
- Request documents from the defendant, such as safety records or internal communications.
- Conduct depositions of witnesses, company representatives, and experts.
- Present your evidence to challenge the defendant’s arguments.
This stage is critical for uncovering the truth and preparing for trial or settlement negotiations.
Step 8: Negotiate a Settlement
Many product liability cases are resolved through settlements rather than going to trial. Your attorney will engage in negotiations to reach a fair settlement that compensates you for medical expenses, lost wages, pain and suffering, and other damages. If the offer is inadequate, your attorney will prepare to take your case to court.
Step 9: Prepare for Trial (if necessary)
If a settlement cannot be reached, your case will proceed to trial. During the trial, your attorney will present evidence, cross-examine witnesses, and argue your case before a judge or jury. The court will then determine liability and award damages if applicable.
Step 10: Receive Compensation and Closure
If your case is successful, you will receive compensation for your damages. While financial recovery cannot undo the harm caused, it can provide the resources needed to rebuild and move forward with your life.
How We Can Help
Pursuing justice in a product liability lawsuit requires skill, determination, and resources. At Hayes Law, we have a proven track record of standing up to the largest companies and securing exceptional results for our clients.
If you or a loved one has been injured by a defective product, we’re here to guide you every step of the way. Contact us today for a free consultation, and let us help you achieve the justice and compensation you deserve.
