Hurt by a defective product
A product that breaks, overheats, or has no safety warning can cause serious injuries. The product itself is the main piece of evidence, so keep it.
What to do first
- Get safe and get medical care. Call 911 if it is serious. Get checked even if you feel okay.
- Keep the product. Do not repair, return, or throw it away. Keep the packaging.
- Photograph the product and your injuries. Include labels, model and lot numbers, and the damage.
- Save proof of purchase. Receipt, order email, or a bank statement line.
- Collect witness contacts. Name and phone number for anyone who saw it.
- Do not admit fault. Stick to the facts. Do not apologize or guess what happened.
- See a doctor within 24 hours. Symptoms can show up days later. Keep every visit record.
What to keep
- The product, exactly as it is after the injury. Do not repair, clean, or return it.
- The packaging, instructions, warnings, and manual.
- The model number, serial number, lot number, and where and when you bought it.
- The receipt or order confirmation.
- Photos of the product, the place it happened, and your injuries.
Common mistakes
- Throwing the product away or sending it back to the seller.
- Letting the manufacturer’s insurer “inspect” it without a plan to protect it.
- Posting photos or reviews that describe how you used the product.
- Waiting to get medical care because the injury looks small.
Who may be responsible
The maker, a part supplier, the seller, or a distributor. Which one applies depends on the product and your state’s rules.
Your filing deadline
Every state sets a time limit to file an injury lawsuit. Most are between one and six years, and some situations are shorter. Deadlines vary by state and can start when you discover the injury.
See the time limit for your state
When it is worth talking to a lawyer
It is worth a call if you were seriously hurt, if fault is disputed, if an insurer denies or delays your claim, if you expect a long recovery, or if you have been offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Questions people ask
Should I see a doctor if I feel fine?
Yes, soon. Some injuries show up hours or days later. A visit also creates a medical record that links your symptoms to the event. Follow the treatment plan and go to your appointments. Gaps in care are used to argue an injury was not serious.
What counts as damages?
Economic damages are costs you can add up, such as medical bills, lost pay, and repair costs. Non-economic damages cover things like pain and the loss of activities you enjoyed. This is why the journal and expense tracker matter. Kindred does not estimate what a claim is worth.
Do I need a lawyer?
No law says you must have one. Many small claims are settled without a lawyer. It is worth talking to one if you were seriously hurt, fault is disputed, the insurer denies or delays the claim, you have a long recovery, or you are offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Should I accept the first offer?
Early offers often come before the full extent of your injuries is known. Once you sign a release, you usually cannot ask for more. Wait until your doctor can tell you what treatment you need and how long recovery will take. Have someone you trust read the release.
General information, not legal advice. Rules differ by state and situation. Kindred is not a law firm.