Practice Areas
The US Consumer Protection Agency recommends that you start by contacting the company that made the product. Hopefully, you still have the product packaging, but if not, a careful study of the item should yield a manufacturer’s name in most cases. Once you know who makes the product, you can usually contact them online or call the company.
If the product is defective in a way that’s merely annoying or disappointing, complaining to the manufacturer may be sufficient. In many cases, the company will offer you a refund or replace the product. But what if the product is more than a nuisance? What if it’s defective in a way that could harm others or that already caused injury to you or someone you love? In this situation, trusting the company to do the right thing and address the problem may be a mistake, even if you get a refund. Instead, you should also report the problem to the appropriate government agency.
Where to Report Defective Products
The Better Business Bureau (BBB) is an excellent place to start for most products, with an online complaint form that walks you through the steps of beginning a complaint. Depending on the nature of the product and the problem, you may also want to inform other government agencies, such as the Food and Drug Administration or FDA (for defective food or medication products), the Federal Trade Commission or FTC (for situations where you believe the company has committed fraud or scammed consumers), and the Securities and Exchange Commission or SEC (for financial crimes or issues involving investments).
How to Document Your Complaint
Before you begin reporting a defective product, it’s helpful to prepare by documenting the problem. Take pictures of the product, particularly any visible areas that show the problem. Video documentation can also be helpful, especially if the problem is only apparent when the product is used. However, you should exercise caution – don’t use a product you believe to be dangerous to show how dangerous it is!
Sometimes comparisons can be beneficial, especially if it’s a product you regularly buy that usually works well. You can sometimes show the two items side by side to clarify the difference.
If you’ve suffered injuries from the product, take pictures of these, get prompt medical treatment, and ask for copies of your medical records.
Additionally, the manufacturer will want information from the packaging to determine what lot or batch it came from. If you’ve already thrown away the outside packaging, look over the item – some products also have this information on the product itself. For example, you may have disposed of the cardboard box a bottle of vitamins came in, but the bottle itself might have the lot and batch number in case of consumer difficulties. Electronics manufacturers often list the month and year an item was produced somewhere inside the item, but you should be careful and follow the manufacturer’s instructions about opening the case.
If you don’t have the packaging and can’t find any indication of how, when, or where it was produced, try to get a copy of your receipt. Many retailers can pull up a copy of a recent receipt using the credit or debit card used for the purchase or other information about the sale. You may need to visit the store in person with some companies, while others can pull up your receipt remotely. If efforts to locate a copy of your receipt are unsuccessful, simply write down the name of the store you bought it at, the store’s location (you can find the exact address online), and your best estimate of when the purchase was made.
After you’ve documented the problem as thoroughly as possible, visit the website of the appropriate government agencies and begin your complaint, uploading pictures and other information as needed. Hang onto the defective product in case you need it later.
What If You Suffered Injuries from a Defective Product?
Taking steps to secure government oversight for a defective product is crucial, and your report may eventually lead to a recall or other action to ensure the manufacturer handles the problem. However, what if you or a loved one have suffered losses beyond the money you spent on the product? You could have medical bills, permanent scarring or disability, physical and mental pain and suffering, property damage, or, in the worst-case scenario, you may have lost a loved one to this defective product.
Pursuing Compensation for Your Defective Product Damages
Can you rely on the company to compensate you if they seem apologetic and offer to cover your expenses? No. The company representative likely wants to minimize exposure by paying you a small sum that may not take care of all your damages. If you’ve received such an offer, take it to a Georgia defective products lawyer for a review before you sign anything. In many cases, we find that the injured person’s damages are worth far more than the company is offering.
In other situations, the company may not offer you anything. They might promise to look into your complaint and do nothing. Even if the governmental agencies you complained to step in and force a recall or other steps to improve consumer safety, this won’t change the defective product’s effect on your life. You deserve compensation for all your damages:
- Medical costs. Even with health insurance, you may have expensive copays for emergency room visits, tests, surgery, other treatments, prescriptions, follow-up visits, and physical therapy. People with severe injuries may need continued care, with medical costs potentially extending indefinitely into the future. Your attorney will work to ensure you receive a settlement that covers current and future medical expenses.
- Lost income or earning potential. If a defective product caused injuries that left you unable to work, you should be compensated for the lost time, even if you had paid sick days (because you had to use them for your injuries). Additionally, if your injuries prevent you from returning to work or doing the same kind or amount of work in the future, you may have a claim for lost earning potential.
- Permanent disability or disfigurement. Any permanent disability or effects on your health and well-being should be considered when calculating damages.
- Pain and suffering. A defective product can leave you with physical pain and emotional or mental distress, and you deserve compensation for both.
- Property damage. If the defective product damaged any property, such as your home, car, electronics, etc., you should be reimbursed for repair or replacement costs.
- Wrongful death. When a defective product leads to a loss of life, the deceased person’s surviving spouse, children, parents, or estate executor can file a wrongful death claim. This includes damages such as loss of consortium or companionship and loss of financial support from the deceased.
How Can the CEO Lawyer Personal Injury Law Firm Help with a Defective Product Claim?
Many people have questions after being injured by a potentially defective product. They may be unsure if the product was defective or if they simply had bad luck. Common questions include:
- Was the accident a fluke, or did the manufacturer create a dangerous product?
- Was the manufacturer aware of the dangers?
- Have other people been affected?
- Is there enough evidence to pursue a lawsuit against the manufacturer?
Attempting to find the answers on your own can be confusing, but you deserve to know your options. At the CEO Lawyer Personal Injury Law Firm, we’re always available for a free consultation about your case. If there is a way to secure compensation for your injuries through a lawsuit or insurance claim, we’ll find it and discuss the options with you. Your initial consultation is free, and if we take your case, there are no upfront costs – you don’t owe us anything until we win or settle your claim.