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Product Liability

If one of my family members is seriously injured while using a certain product, what critical steps should I take? 

Should I pursue recovery in a product liability claim as part of a class action, or individually?

 


 

Q: If one of my family members is seriously injured while using a certain product, what critical steps should I take?

First, you should seek immediate medical help for the injured party by calling 911 and asking for an ambulance to take your loved one to the hospital if needed.  After your family member is medically stabilized and you are able, you should take appropriate steps to preserve the evidence.  Such steps should include taking photographs of the scene of the accident, photographs of your family member's injuries, as well as photographs of the product that you believe caused the accident, even if such product is damaged.  If the product is something you can keep, you should definitely keep the product.  You should then call a Board Certified Personal Injury Lawyer as soon as you can after the accident to determine if a viable case exists.

 

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Q: Should I pursue recovery in a product liability claim as part of a class action, or individually?

Pursuing a product liability claim as a class action lawsuit, or individual lawsuit, has both advantages and disadvantages and should typically be decided on a case by case basis.  If you are part of a class action, the cost to prove liability against the manufacturer, which can be very expensive, can be mitigated as such cost is typically divided by many litigants.  However, pursuing your defective product case individually may result in a larger award.  Therefore, you should consult an experienced product liability attorney to help you make this decision.

 

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