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

In Safety Guardians, we address a lot of current issues regarding recalls, product defects, dangerous things that are common in your house, and, oftentimes, even cars that you drive. A little known factor: over 400 recalls in the US every year. That’s on the low side. A lot of times, it’s actually quite a few more than that. We had a member submit something asking me, “what is required to receive compensation due to injuries from a defective product?”


The Most Important Thing

You have to show that you were injured by the product. But most importantly, and I cannot stress this enough, you must have damages. Ladies and gentlemen, a lot of times, we 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 had to have legitimately gotten hurt from something or had a family member get hurt from something due to a product defect or something, a recall or something malfunctioning in some regard.


A Problematic Claim

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. One of them, you have a valid claim where it actually collapses and injures the baby. The other one, you don’t because it almost injured someone.


What Are Damages

That being said, let’s delve into this. Damages are what guides the legal realm. If you have suffered damages in some way, your recovery is going to be anchored – and 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 little to 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. This is just one of the very basic fundamentals of products liability cases. I want to mention this because this lays the foundation for how everything moves forward and how recoveries are made for people.


How Lawyers Help

We cannot change the facts of a case. Lawyers cannot change the facts of a case. We can only maximize whatever we can 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 products liability cases.