How Can I Prove An Injury Was Caused By A Defective Product?

We talk about a lot of things, including recalls, dangerous items that are common in your house – some of the most dangerous items are actually found in your house – and how you can kind of prevent things from happening. Also, we talk about experiences where people have been injured and where you just need to be careful. I try to give you some words of wisdom, some insight in how to keep yourself safe. I want to talk about something that somebody submitted to us. They asked, “How can I prove an injury is caused by a defective product?”


Assessing Injury

Well, that’s a good question because there are a lot of different ways. Some are obvious. Some are not so obvious. So first and foremost, you need to make sure that there’s a valid injury. And I cannot explain this, I cannot stress this enough: you cannot almost get injured. You cannot almost get injured and claim an injury. That’s not how it works. You have to have a valid injury. You have to be injured in some way. There has to be some kind of tangible injury for a claims department or a manufacturer to look at it and say, “Okay. Look, this legitimately happened.” You can’t almost have gotten burnt in an accident or almost have gotten into an accident in a car that was defective or recalled. It’s not how it works. You have to have a valid injury.


Assessing Product Use

The next thing you have to have is, once that happens, make sure that the product or thing was used in a manner that a reasonable person would use it or in a way that is instructed to be used. That being said, if you have some hedgers and they say they are rose hedgers, if you are going out and hedging shrubs instead of roses, that’s okay. It’s still met for a particular purpose, which is to hedge. And that’s fine. It’s just that you can’t use it to chop down a tree. That is a very different story. But, you can use it in instances like that. So, there has to be a valid injury and the product has to be in the way it was meant to be used.


Out Of The Box Situations

There are other things that are not exactly so clear cut. What I mean by that is there are a lot of times where you think you may have gotten injured because of a product but you’re just not sure. I’ll give you an example. Babies cannot tell you what’s wrong. But all of a sudden, if they get sick and if, for some reason, you suspect that it’s baby food, you won’t know that the baby food is tainted. You have to find that out. So a lot of times, we have to use experts to find out whether a product has been tainted or defective in some way.


One Weird Situation

For example, we had a client who brought in her little 2-year-old girl. About six months before, her daughter had gotten deathly ill. No one could explain why. They took her to the hospital. The doctor started asking questions. And the doctor vetted out that it was probably the baby food. The family had the baby food tested and the baby food was tainted with lead. So, the child got lead poisoning and no one knew. Had the doctor not asked those questions, no would’ve ever found that out. So, some things are obvious and some things are not so obvious in proving whether or not a product is defective, recalled, or tainted.


If you have a question about something like this because you had been legitimately injured, give me a call and I can take a look at it and let you know. There are a lot of recalls. There are over 400 recalls a year. And this is very common. It happens all the time.