Can You Sue If You Have Been Injured By A Product That Has Been Recalled? Yes, Here's What You Should Know

You most likely have seen numerous product recalls over the years. They can include car companies recalling vehicles due to faulty brake lights or seatbelts. They could also be due to products that have caused illness or skin burns to customers who have used them. If you have been injured by a product that had been recalled, can you sue the company for damages?

Yes, you can. It might be difficult to get the compensation you are owed as the company will try to prove that you used the product even though you knew there was a recall. This shifts the blame back to you and you must prove otherwise.

A personal injury lawyer can help you file a claim for compensation against the company responsible, including negligence as part of the suit for not properly alerting the public about any problems with the product.

Here are some things you should do to help prove your case.

Get Medical Attention As Soon As Possible

Your first step after an injury due to a recalled product is getting medical attention as soon as possible. This is for two reasons. You should be treated for any injury the product caused right away to help prevent any more harm; and, it can help you prove your injury case in court.

Once the doctor has treated you, they will document what the injuries were and how they were caused. You can use this documentation in court to prove you were injured by using the product when it shouldn't have been on the market. Your personal injury lawyer can help you get the correct medical records to help with your case.

Take Photographs And Document Other Evidence

Once you have received treatment for your injuries, you must now document all other evidence you have. The more evidence you have and can show to the court for a potential lawsuit, the better.

Take photographs of your injury. You can take the pictures prior to getting medical treatment if possible in the event your injuries will be bandaged after treatment. The photographs should show every possible angle of the injury to give the judge enough proof. You can also take pictures of the product to document any damage to the container or item itself that might have gone unnoticed prior to the injury.

Write down everything that happened that you can remember. You will be asked questions on the stand or by the judge in chambers about your use of the product, and it's best to write down what you remember right away because your memory of the incident might fade over time. A personal injury lawyer can help you document your experience.

Also, keep the recalled product to use as evidence in court. This can prove you actually used it and not some other item.