Frequently Asked Questions - Newsome | Melton Law
Despite the large variety of measures used to prevent injury from manufactured products, defective products still injure a high number of Americans. Consumers trust the expertise and the intention of manufacturers when they buy products, and, over time, this is expressed as brand loyalty. Unfortunately, due to a combination of factors (including human error, negligence, carelessness, and willful disregard), defective products are made and sold. In some products, the defects are of such a nature that they do no harm to consumers. Other products consistently harm consumers, no matter what the defect is. These products include cars, pharmaceuticals, cleaning solvents and other commonly used items.

Product Liability

It is not only manufacturers that have a duty to provide customers with safe and sound products. Wholesalers, distributors and retailers also share this duty. It is the responsibility of the manager just as it is the CEO or wholesalers to make sure their products are safe for consumers to use. If and when this duty is not met, they can and will be held liable for the injuries and personal costs that result. The victims of these injuries have the right to claim financial compensation.

Each year, consumers are injured from using defective products. Product liability applies to any and all products, not just ones that are likelier to be defective; the makers of heavy machinery are just as liable as are makers of home appliances.

Dealing With a Defective Product

If you are injured by a defective product, first seek medical attention immediately. Not only will this possibly save your life and prevent injuries from becoming serious, the nature and extent of your injury will be documented. Next, make sure to save the defective product for later. This may seem counterintuitive, but it will prove very useful, since your attorney can use the defective product itself as evidence. Also, don’t forget to photographically document everything you can with a camera. Take pictures of the product, the scene of the accident or injury, and of any injuries that you incurred. To reiterate, the more evidence you have, the better your case will be.

Save any paperwork related to the product: instruction manuals, warranty statements, the receipt, the box the product came in and any other paperwork relating to the injury, such as canceled checks and other financial documents. If you have any records of contacting the maker of the product for any reason relating to your injury, save those as well. They will be invaluable as evidence during legal proceedings. Gather contact information from any witnesses, if there are any. They can be interviewed at some later date, if it is necessary.

Statutes of Limitation

Most states have statutes of limitations in effect. A statute of limitations is a law specifying the amount of time after an injury for a victim to seek damages. For this reason, it is to the victim’s benefit to begin legal action as soon as possible after the victim is injured.

Reporting the Product

Lastly, report the injury to the Consumer Product Safety Commission and contact an experienced, licensed attorney who knows how to handle cases relating to injuries from your particular product.
Can The Airbag Of A Car Be Fixed After An Accident?

Can The Airbag Of A Car Be Fixed After An Accident?

The airbag of a car cannot be fixed after an accident. Even though it can be costly, you must have it replaced. Manufacturers design modern airbags for a single use. When they were first introduced, mechanics could reset some airbags. […]Read more
Can You File A Lawsuit For A Failure To Diagnose A Stroke?

Can You File A Lawsuit For A Failure To Diagnose A Stroke?

Newsome Melton helps injured patients hold doctors and healthcare providers liable if they caused or contributed to injuries related to inadequate or substandard care. We can review your case and help you file a lawsuit for a failure to diagnose a stroke. In the medical malpractice realm, one of the most frequent types of cases we see is a failure to diagnose strokes. Like many catastrophic medical conditions, stroke treatment is most successful with early detection. Patients with competent, diligent doctors who immediately recognize a stroke can receive early intervention that can lead to a full recovery or at least keep the adverse effects from becoming much worse.Read more
Do You Have To Pay For An Airbag Recall On Your Car?

Do You Have To Pay For An Airbag Recall On Your Car?

Once your vehicle is included in a recall because of a defective airbag, you can take it to a dealership and have it fixed for free. It does not have to be the dealership where you purchased the vehicle, just a dealer that sells your brand of car (for instance, a Nissan dealership if you drive a Nissan). Warranties do not matter when it comes to a recall. Even if your vehicle’s warranty has expired, your defective airbag replacement is free.Read more
Can You File a Lawsuit For Defective Aftermarket Parts?

Can You File a Lawsuit For Defective Aftermarket Parts?

In the United States, the automotive aftermarket is estimated at $257 billion. The practice of modifying a vehicle beyond the design of the manufacturer offers thousands of opportunities for functional and aesthetic enhancements to any vehicle on the market. From […]Read more
Can You File A Lawsuit If Your Airbag Was Recalled?

Can You File A Lawsuit If Your Airbag Was Recalled?

Whether you have a valid legal claim, and how you should pursue that claim, will depend on the particular circumstances of your case. An experienced products liability attorney can help posture your claim in the best manner possible to maximize […]Read more