What to Do If You’re Injured by a Defective Product
When you buy something — whether it’s a kitchen appliance, a car, or even a child’s toy — you expect it to work safely. But sometimes, products fail in ways that cause serious injuries. A defective product can turn an everyday task into a dangerous situation in seconds, leaving you hurt, confused, and unsure what to do next.
If that’s happened to you, this guide will walk you through what steps to take right after an injury caused by a faulty product, how product liability works, and what kind of compensation you may be entitled to.
Understanding Product Liability and Who’s Responsible
Product liability law is designed to protect consumers from unsafe or defective products. It holds manufacturers, distributors, and sometimes even retailers responsible when their products cause harm.
Generally, there are three types of product defects that can lead to a personal injury claim:
- Design defects: These occur when the product’s design itself is inherently unsafe, even before manufacturing.
- Manufacturing defects: These happen when an error occurs during the production process, making a product dangerous even if the design was safe.
- Marketing or labeling defects: These involve inadequate warnings, missing safety instructions, or false advertising that leads to misuse and injury.
For example, if a pressure cooker explodes because of a faulty safety valve, that’s a manufacturing defect. If a ladder is designed in a way that makes it unstable even when used correctly, that’s a design defect. And if a chemical product doesn’t warn users to wear gloves, leading to burns, that’s a labeling defect.
“Identifying which type of defect caused your injury helps determine who’s liable — the designer, the manufacturer, or the seller. In some cases, more than one party can share responsibility”, explains Scott F. Odierno, one of the Accident and Injury Lawyers at The Odierno Law Firm.
What to Do Immediately After the Injury
If you’re injured by a defective product, what you do in the hours and days following the incident can significantly impact your claim.
- Seek medical attention right away. Your health comes first. Even if your injuries seem minor, get checked by a doctor to ensure nothing internal or delayed is missed.
- Preserve the product and packaging. Don’t throw away or repair the defective item. Keep it exactly as it was when the injury occurred — it’s one of the most crucial pieces of evidence in your case.
- Keep the receipts and proof of purchase. Any documentation showing when and where you bought the product can help establish the chain of liability.
- Take photographs and videos. Capture the defective product, your injuries, and the scene of the incident.
- Collect witness statements. If anyone saw the incident or handled the same product, their input may help strengthen your case.
These initial steps not only support your claim but also protect you from accusations that you misused or tampered with the product.
The Legal Process of Filing a Product Liability Claim
Filing a product liability claim involves several stages, and it’s typically more complex than a standard injury case because it often requires technical evidence.
Your lawyer will begin by conducting a detailed investigation to identify what exactly went wrong with the product and which party is responsible. In some cases, they might work with engineers, safety experts, or forensic analysts to prove the defect.
Once the evidence is gathered, your attorney will file a claim demanding compensation from the responsible parties — which might include the manufacturer, distributor, or retailer. Many cases are settled before trial, but if the company refuses to accept responsibility, your lawyer can take the case to court.
Throughout the process, it’s important not to communicate directly with the company or insurance representatives. They may try to downplay your injuries or get you to settle for less than you deserve.
Compensation You May Be Entitled To
Compensation in a defective product case depends on how severe your injuries are and how much the defect has affected your life. Common damages include:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In rare cases, you might also receive punitive damages — additional compensation meant to punish the company for gross negligence or reckless behavior, like knowingly selling a dangerous product.
Injured in a Hotel or Airbnb by a Defective Product
Defective product injuries don’t just happen at home. You could get hurt while staying at a hotel or Airbnb — say, by an exploding coffee maker, a faulty hairdryer, or a broken exercise machine in the gym.
In those cases, determining liability can be tricky. If the product itself was defective, the manufacturer could still be held responsible. However, if the hotel failed to maintain or replace a known defective item, the property owner could share liability for negligence.
Hotels and vacation rentals have a duty to keep their guests safe. If they ignored complaints or used unsafe appliances, they might owe you compensation for your injuries, medical bills, and any lost income during recovery.
Document everything — take photos of the defective item, report the incident to management immediately, and request a written report before leaving. Then, contact a personal injury attorney to review your case.
Final Thoughts
Getting injured by a defective product can be shocking, especially when you’ve trusted that product to be safe. Whether it’s a faulty appliance at home or a malfunctioning item in a hotel room, you have the right to hold the responsible parties accountable.
The most important thing is to act quickly — preserve the product, get medical treatment, and reach out to a lawyer who understands product liability law. A skilled attorney can help you identify who’s at fault, build your case, and fight for the compensation you deserve so you can focus on healing and moving forward.
