What Are the Common Pitfalls in Product Liability Claims?
When an everyday item causes an injury, you may be left with medical bills, lost income, and questions about who is responsible. A defective tool, unsafe toy, or faulty vehicle part can cause serious harm, but proving a product liability claim requires evidence connecting the product’s defect to your injuries.
Mistakes made after the incident can weaken your claim or prevent you from recovering compensation. Preserving the product, documenting your injuries, and filing within the applicable deadline can help protect your rights.
At Duncan and Nobles LLC, we understand the disruption a defective product injury can cause. Located in Rock Hill and Fort Mill, South Carolina, we serve injured individuals and families throughout Chester County and Lancaster County. Contact us today to discuss your options.
Failing to Keep the Defective Item
One of the most serious mistakes you can make is throwing away, repairing, returning, or losing the product involved in the incident. The physical product may be critical evidence in determining whether a defect caused your injury. Without the product, examining and documenting the alleged defect may become more difficult.
Take the following steps when possible:
Preserve the product: Keep the item in its post-incident condition. Do not repair, alter, test, or continue using it.
Secure the packaging: Save the original box, instructions, labels, receipts, and safety warnings.
Prevent third-party disposal: If the claim involves a vehicle, appliance, or other large item, take steps to prevent an insurer, repair shop, property owner, or another party from disposing of it.
Preserving the product gives investigators and qualified professionals an opportunity to examine the alleged defect. Before returning the item to a manufacturer or retailer, speak with an attorney about how doing so could affect your claim.
Delaying Medical Attention and Documentation
Your health should be your first priority after an injury. Delaying medical care can affect your recovery and make it harder to establish when and how your injuries occurred.
Document the injury promptly: A timely medical evaluation creates a contemporaneous record of your symptoms and treatment.
Follow your treatment plan: Attend follow-up appointments and follow reasonable medical instructions. If you cannot continue treatment, document the reason.
Gather medical records: Physician notes, diagnostic images, treatment records, and billing statements can help document your injuries and related losses.
Gaps in treatment or incomplete records may lead an insurer or defendant to dispute the cause, severity, or duration of your injuries. Accurate medical documentation can help establish how the incident affected your health.
Giving Recorded Statements to Insurance Adjusters
An insurance adjuster may contact you after the incident and ask questions about the product, your injuries, or how the accident occurred. What you say may later be used to challenge your claim.
Answer questions carefully: Avoid guessing, speculating, or minimizing your symptoms. Even an informal comment can be taken out of context.
Review settlement offers: An early offer may not account for future treatment, lost income, or the full extent of your injuries. Signing a release generally prevents you from seeking additional compensation for the same claim.
Understand requests for recorded statements: You generally do not have to provide a recorded statement immediately to another party’s insurer. However, your own insurance policy may require reasonable cooperation. Review your obligations before agreeing to a statement.
Speaking with our firm before providing a recorded statement or accepting a settlement can help you avoid unintentionally weakening your claim.
Missing the Filing Deadline
South Carolina imposes time limits on product liability lawsuits. A personal injury claim generally must be filed within three years after you knew or reasonably should have known that you had a potential claim. Other rules or exceptions may affect the deadline, depending on the circumstances. Waiting too long can prevent you from pursuing compensation, even if the available evidence otherwise supports your claim.
Determine the applicable deadline: Do not assume that you have three years from the date of the injury in every case. The facts and type of claim can affect when the limitations period begins and whether another deadline applies.
Investigate the supply chain: Identifying the manufacturer, seller, distributor, component supplier, and other potentially responsible parties can take time.
Preserve witness testimony: Witnesses may become difficult to locate, and their memories may fade. Early investigation can help preserve their accounts of what occurred.
Taking action promptly gives our attorneys more time to investigate the product, identify potential defendants, consult appropriate professionals, and file your claim before the deadline.
Product Liability Attorneys Who Can Protect Your Claim
A product liability claim may require technical evidence, medical documentation, and an investigation into how the product was designed, manufactured, labeled, and sold. Trying to manage these issues alone can increase the risk of losing important evidence or missing a legal deadline.
At Duncan and Nobles LLC, we investigate defective product claims, preserve evidence, identify potentially responsible parties, and address communications with insurers and defense attorneys. We work to establish how the defect occurred and document the losses you suffered.
Located in Rock Hill and Fort Mill, South Carolina, we serve clients throughout Chester County and Lancaster County. Contact Duncan and Nobles LLC today for a free consultation about your case.