What Is Required To Receive Compensation Due to Injuries From a Defective Product?

I’m David Salazar. Welcome back to our blog, our Facebook page and our YouTube channel, Safety Guardians. In Safety Guardians, we address a lot of current issues regarding recalls, product defects, dangerous things that are common in your house, and, even cars that you drive.

There are over 400 recalls in the US every year. And that’s on the low side. A lot of times, it’s actually quite a few more than that. So here’s a question one of our members asked, “What is required to receive compensation due to injuries from a defective product?”

 

You must have been injured

You have to show that you were injured by the product. But most importantly and I cannot stress this enough, you must have damages. We often get calls from people who say, “I almost got hurt”, “I could’ve gotten hurt”, “I could’ve gotten killed”, “My baby almost got hurt.”

Almost isn’t going to cut it. You have to have legitimately gotten hurt from something or had a family member get hurt from something due to a product defect, a recall, or something malfunctioning in some regard.

Let me give you an example. If I had a client who told me, “Oh, my baby’s cradle almost collapsed on top of her had I not gotten her out of the way in time”, that is not the same as the cradle actually collapsing. In one of them, you have a valid claim where it actually collapsed and injured the baby. in the other one, you don’t because it only almost injured someone but really didn’t.

 

Damages

Damages are what guides the legal realm. If you have suffered damages in some way, your recovery is going to be anchored –that’s what we call it in the legal field – by whatever those damages are.

For example, if you sustained a scratch on your arm and you didn’t receive any kind of medical treatment, then that case is going to be evaluated as if there were very few or no damages.

However, if you received an amputation or a traumatic brain injury or your child did because of something that was defective or malfunctioned in some manner, that’s much different because there’s going to be a bigger damage profile for that person. So, naturally, they’re going to receive a much bigger recovery.

 

The fundamentals of liability cases

This is just one of the basic fundamentals of products liability cases. This lays the foundation for how everything moves forward and how recoveries are made for people. We cannot change the facts of a case. We can only maximize whatever we can get based on the facts that you present to us.

I cannot change your damage model. Your damage model is your damage model. If you aren’t hurt, we’re not going to be able to get you a good recovery. However, if you are injured and you’re legitimately injured and it’s a significant injury, we’re going to be able to get you a significant recovery. This is just one of the few foundations we have for product liability cases.

 

If you have questions

My name is David Salazar. I’m an attorney based in Houston, Texas, and I practice all over the country. We hear and field cases from all over the nation. So if you ever have any questions about something, let me know. I’d love to talk with you about it and address it. Please join our channel, and subscribe. I look forward to talking to you soon.