Part 1 of this article discusses what products are covered in Pennsylvania product liability claims. Part 2 of this article discusses what consumers should do after being injured by a dangerous product.
I got hurt, what should I do?
Certainly, the first thing that must be done after an injury is to obtain the proper medical care. Try your best to describe accurately how the accident occurred when you are asked to do so by the medical personnel. For your potential product liability claim, it is very important to preserve the evidence. You may be inclined to immediately throw away the toy that injured your child. While you certainly do not want anyone else to play with this toy, do not throw it away. Rather, save the toy or whatever product is involved and make sure that no one changes it or tampers with it. You should make the product available to your attorney as soon as possible. If you get injured at work, ask your employer to save the product. Contacting your attorney promptly after an accident occurs is very important in a product liability case.
Sometimes, people are injured from products that they purchased. In those cases, you should provide your attorney with the receipt for the product if you still have it. You should also provide the attorney with the box or any instruction booklet for the product. Information about where the product was purchased is also important. You may have pictures of the product or pictures of where the accident occurred and these would be helpful. Certainly you should give your attorney copies of any medical records and you should give your attorney information about your lost wages.
However, many times, the injured person was not the one who purchased the product and may not even be the one who was using the product. For example, if you were injured at work, you may not have information about when or where the defective tools or equipment were purchased. If your neighbor is using a snow blower and, because of a manufacturing defect, the metal blade fractures and a piece flies off and injures you, you may not have any information about where or when the snow blower was purchased. Asking your employer or the product owner to preserve the product and contacting a lawyer promptly is critical to preserving important evidence for a product liability claim.
Click here to read part 3 of the article which discusses what injured consumers can recover in a product liability claim.