What Do I Do When I’m Injured By a Defective Product?

June 20, 2019 | Ed Bernstein
What Do I Do When I’m Injured By a Defective Product?

Exploding airbags send shards of flying metal at people. A massive recall launches to replace them.  But airbags are not alone. It seems we hear about another defective product recall every other day! Food, from romaine lettuce to beef and poultry, get recalled. Baby products, toys, drugs, vehicles: the list is huge. We don’t seem to pay it a lot of attention unless it’s a product we buy a lot of and then we check it out online. Occasionally, we might even return something and get a refund for it. See if your vehicle has been recalled here. Life goes on until reality reaches out and bites us, and we or one of our loved ones are injured by a defective product!

How Do I Determine a Product Is Defective?

How Do I Determine a Product Is Defective?At the end of the day, you suffered injuries, and you know that product did it; but just what is a defective product? In general, it’s a commercially made and commercially distributed good that is unfit for its intended use. It may also be dangerous or harmful during normal use or lacks adequate instructions or warnings to keep the user safe. Some defective products become dangerous because of design, manufacture or assembly.

What Are the Steps to Handling a Defective Product Situation?

As with any serious situation, do not delay getting immediate and proper medical attention. Once you have the immediate emergency of the situation stabilized, the sooner you call for professional help involved, the better. To the best of your ability, preserve the defective product, its parts, packaging, instructions and warnings, proof of purchase, and anything else you may have related to the product and the incident. If you have photographs or video of the incident, archive it. If you have contact info about witnesses, save it. When you or someone special to you gets injured by a product or use of a product, contact a personal injury attorney. A well-established attorney connects you to people you need. They have the staff and experience to oversee your best course of action and progress.

What Will an Attorney Do to Help Me with a Defective Product?

What Will an Attorney Do to Help Me with a Defective Product?Attorneys take the guesswork, doubt, and fear out of dealing with defective products and the recourse for damage or injuries suffered. Your attorney knows whether the manufacturer, distributor, retailer, insurance company, or some other entity in the chain of events leading to your injury should be held responsible. Attorneys have information about what qualifies your particular case. They’ll know precedential law and often have experience with cases similar to yours. They’ll best know if your case is about defective design, defective manufacture, or defective labeling, and they know how to apply liability law. A good personal injury attorney knows what needs further investigation and clarification. They may know whether your situation is an isolated incident or something widespread that could become a class action suit. You don’t need to wade into the darkness and confusion alone. Trying to figure it all out while recovering from your injuries and an abruptly interrupted and forever changed lifestyle brings more stress. God forbid, you’re bearing the misery and grief of losing a loved one. You did NOT choose to be injured, but you can choose to learn about your options and the best course of action.


Suffering injuries from a defective product? Call a product recall attorney who has the experience to handle your case. Contact Ed Bernstein & Associates. You don't have to go it alone.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.