You have the right to expect all the products you use are reasonably safe and will function for their intended use. You also have the right to expect that you will be warned of significant dangers and hazards of any product you buy. California Civil Code Sections 1792-1795.8 outline many of the responsibilities of manufacturers. For example, California law makes clear that there is an implied warranty of merchantability and fitness; the a product you purchase will work as expected. Implied warranties are in addition to any express warranties made by a manufacturer.
When a product malfunctions, is defective, or is unfit for its customary use, you may have a damage claim against the manufacturer, retailer, and others responsible for getting the product to you. You need to know what to do to protect your claim and to take action.
What To Do If You’ve Been Injured by a Product in Long Beach
If you have been injured by a defective product, there are a number of steps to take. You should:
- Get prompt medical treatment by a licensed doctor. Document your injuries and keep copies of bills, as you will need to prove the cause of injuries and extent of damages.
- Take photographs of the product, if possible, to demonstrate how it malfunctioned and caused harm. This can help demonstrate that problems with the product were the cause of injury.
- Keep the packaging and the product. Put everything into a bag for safe keeping. This should include your receipt (if possible), the packaging, the defective item, and anything else that came with the product.
- Check for recalls or product warnings. Recalls.gov has a comprehensive list of different recalled products divided into categories including consumer products, boats, motor vehicles, food, cosmetics, medicine, and environmental products.
- Report the problem to the appropriate government agency. For example, the Food and Drug Administration (FDA) has information on reporting serious problems with food and drug products.
- Determine if there is pending litigation against the manufacturer. A multi-district litigation (MDL), or a class action, may have already been filed because of product problems.
- Track your time missed from work due to the injuries or resulting treatment, as you should be compensated for this time.
Reporting the problem with the product to the appropriate government agency may help to trigger an investigation and a recall. If the FDA gets many adverse reports about a medication, further studies may be ordered to determine if the drug is actually safe. When a federal agency recognizes a problem and facilitates a recall or orders safe studies, the dangerous product gets off the shelves and you get more evidence to use to take action against those responsible for the dangerous product.
Call a Long Beach Defective Product Lawyer For Help
Your Injuries are Personal to Me
You may be able to obtain compensation for an injury caused by a dangerous product. Joining a mass tort is one option, or you can pursue an individual claim. You should talk to a Long Beach injury lawyer about what is best for you.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
- Can I Bring a Car Accident Claim for Soft Tissue Injuries? - September 22, 2021
- How Do You Prove Liability for a Motorcycle Accident? - September 8, 2021
- What Kinds of Damages Can You Include in a Brain Injury Claim? - September 1, 2021