Q. What is a defective product?
A. A product must be provided with every element necessary to make it safe for use, and without any condition that makes it unsafe for use. Even a perfectly made and designed product may be defective if not accompanied by proper warnings and instructions concerning its use. A supplier must give such warnings and instructions, as are required to inform the user or consumer of the possible risks of using the product, or which are created by the inherent limitations in the safety of such use.
Q. Who is liable for a defective product?
A. A manufacturer, seller or other party in the chain of distribution may be liable for a defective product.
Q. Should I report my injury to the owner of the product?
A. Yes.
Q. Should I keep the defective product?
A. Yes. Set the defective product aside in a protected environment, and do not use it or change it in any way.
Q. Are witnesses important?
A. Yes. Get the names, addresses and telephone numbers of any people who are familiar with the product that caused your injury, and any witnesses to your accident.
Q. Should I take pictures?
A. Yes! Take pictures or video of the product, any warnings, labels, operator instructions and the location where the injury occurred. In addition, pictures should be taken of any visible bodily injury.
Q. Should I locate product literature?
A. Yes. Locate and save any product literature, including shipping instructions, operator manuals, warnings, labels, etc.
Q. Do I have to talk to the other party's insurance adjuster?
A. No! You should tell the adjuster that you have contacted an attorney and promptly end the conversation.
Q. Who pays my medical bills and income loss?
A. Generally, your own health insurance carrier will pay your medical bills. If you were injured in the course of your employment, your employer's workers' compensation carrier will pay your medical bills and income loss according to the workers' compensation law. Your medical expenses, income loss and loss of earning capacity will be included in your product liability claim.
Q. How much will you charge me to discuss my accident?
A. Zero.
