Injuries caused by defective products can lead to life-altering disabilities, financial losses, and severe pain and suffering. Defective products include medical devices, medications, electronics, appliances, furniture, and thousands of consumer products. The manufacturer and other parties could be liable for damages and injuries caused by defective products. You could be entitled to economic and non-economic damages.
After being injured by a defective product, the steps you take can help or hurt your claim. Taking the proper steps can help you recover a fair amount for your injury claim, including consulting a North Dakota personal injury attorney as soon as possible.
Seek Prompt Medical Treatment
Delays in medical treatment could make your injuries worse, resulting in life-threatening conditions. Failing to seek prompt medical care can also hurt your case. You need to prove the defective product caused your injuries. Therefore, seek medical attention to document your injuries immediately after an injury or accident involving a defective product. Make sure you tell your medical providers the injury involved a product.
Preserve Evidence
Secure the product in a safe manner and location. Keep the box, packaging, and all other items that came with the product. Contact a lawyer as soon as possible for more information about preserving this evidence for a product liability lawsuit.
Document the Incident
Take photographs and make a video of the area where the injury occurred. For example, if a defective stove caused a fire, take photographs of the stove and the damaged area. Meticulous documentation can help prove your damages for an injury claim.
Ask anyone who witnessed the accident for their names and contact details. For instance, suppose a defective tire blew out, causing you to crash. Ask the people who stop at the accident scene for their information. Eyewitnesses can provide evidence for a claim.
Record All Losses and Damages
Keep detailed records of out-of-pocket expenses, medical bills, lost wages, and other economic damages. Also, make notes about non-economic damages, including emotional distress, physical pain, and diminished quality of life. In addition to proving your injuries were caused by a defective product, you must prove you sustained damages and what those damages are worth.
Understand Your Legal Options and Rights
North Dakota product liability laws provide grounds for seeking compensation for damages caused by defective products. Common grounds for product liability claims include design flaws, failure to warn, and manufacturing defects. The parties may be held strictly liable for your damages. Therefore, you do not need to prove negligence to win your case.
Even though you do not need to prove negligence in most product liability cases, you must prove duty, causation, and damages. Therefore, you still need sufficient evidence. Product liability cases often involve technical and scientific evidence, so expert witnesses are required.
The best way to learn about your rights and what you should do to protect them is to consult an attorney as soon as possible. There are time limits for filing a product liability lawsuit. Therefore, prompt legal advice can also help you avoid missing a statute of limitations.
Schedule a Free Case Evaluation With Our North Dakota Personal Injury Attorneys
Product liability claims can be challenging to pursue. Our attorneys at Pringle & Herigstad, P.C. have extensive experience and resources to pursue manufacturers and other parties responsible for defective product injuries. Call our office today to schedule a free consultation with our North Dakota product liability lawyers.
