Product Liability Cases: What To Do After an Injury

Defective products injure thousands of consumers every year. Whether it’s a household appliance, power tool, children’s toy, medical device, or everyday retail product, manufacturers and sellers are legally responsible for ensuring the items they put into the marketplace are safe.

If a product injured you, the steps you take immediately afterward can make the difference between a strong claim and a denied one.

What To Do After a Product-Related Injury

1. Document the Scene and the Product

Just like in slip and fall or motor vehicle cases, evidence is critical — but product liability requires an even higher level of preservation.

• Take photos and videos of the product from all angles.
• Document how the product failed or caused injury.
• Photograph the surrounding area, any malfunction, sparks, breaks, liquid, electrical issues, or debris.
• Take pictures of your injuries and any damaged clothing.

Every detail helps experts later determine whether the product was defective in design, manufacturing, or warnings/labels.

2. Preserve the Product Exactly As Is

This is the most important step in a product liability case.

• Do NOT throw the product away.
• Do NOT attempt to fix it.
• Do NOT clean it, replace parts, or alter it in any way.
• Keep all packaging, instructions, warnings, manuals, receipts, and accessories.

Courts and experts need the product in its original post-incident condition. Destroying or altering it may destroy your case.

3. Create an Incident Report

If the injury occurred at home or in a workplace, retail store, business, or service center:

• Report the incident to the store, manager, or company immediately.
• Request that they create a written incident report.
• Take a photo of the report or ask for a copy.

If the product was purchased online, screenshot your order history, tracking numbers, and seller information.

4. Document Witnesses to the Incident

Witnesses play a crucial role in strengthening your claim. Their statements can confirm how the accident happened, identify hazards, and support your version of events — especially when the at-fault party denies responsibility.

Whenever possible:

• Get the names, phone numbers, and email addresses of anyone who saw the incident.
• Ask witnesses what they observed and write down a brief summary while their memory is fresh.
• If the incident occurred at a store, business, apartment complex, or workplace, ask employees, security personnel, or managers if they witnessed anything or spoke to you afterward.
• Do not rely on the police or the business to collect witness information for you — gather it yourself whenever you can.
• If you cannot obtain witness information due to injuries, your attorney can follow up later to identify and interview them.

Strong witness documentation can significantly increase the value of your case and help establish clear liability.

5. Do NOT Contact the Manufacturer or Customer Support

This is critical.

Do not call:

• Customer service
• Product support lines
• The manufacturer
• The retailer’s claims department
• Any insurance company representative

These calls are often recorded, and companies use them to:

• Shift responsibility onto the consumer
• Claim “misuse”
• Minimize the severity of the injury
• Offer low-value refunds or replacements instead of compensation
• Get you to make statements they can use to deny liability

Let your attorney handle all communication.

6. Seek Medical Treatment Immediately

Even if the injury seems minor at first:

• Go to the ER or urgent care the same day.
• Follow through on all medical recommendations.
• Save medical bills, prescriptions, and documentation.

Your medical records will link the injury directly to the defective product.

Types of Product Liability Defects

You may have a claim under multiple legal theories:

Design Defect

The product is inherently dangerous because of how it was designed.

Manufacturing Defect

Something went wrong during production, assembly, or quality control.

Failure to Warn / Inadequate Instructions

The product lacked proper warnings, labels, or safe-use instructions.

Breach of Warranty

The product did not perform as promised or expected.

Compensation You May Be Entitled To

Product liability injuries can be severe and long-lasting. You may recover damages for:

• Medical bills
• Pain and suffering
• Lost wages
• Permanent injuries or disfigurement
• Emotional distress
• Loss of consortium
• Scar injuries
• Replacement or repair costs
• Long-term care or rehabilitation

Injured by a Defective Product? Contact Us Immediately.

Product liability cases are complex and require immediate preservation of evidence and expert evaluation. Do not speak to anyone about the incident, and do not let the product out of your possession.

Call us today for a free consultation.
We will protect the evidence, deal with the manufacturers, and fight for full compensation.