When you have been injured by a defective product, your immediate actions matter more than you might think. Whether the product in question was a faulty appliance, a dangerous vehicle component, or a mislabeled pharmaceutical, protecting your rights starts with knowing what not to do.
Missteps in the early stages of a product liability case can severely undermine a person’s ability to recover the compensation they deserve. In this article, we will guide you through three of the most critical mistakes to avoid after being injured by a defective product, enabling you to take the proper steps forward with confidence.
1. Delaying Medical Attention
One of the most important things you can do after being injured by a defective product is to seek medical care immediately, even if the injury seems minor at first. Prompt medical attention ensures your well-being and creates a formal record of your injuries, which is essential for any future legal claim.
The Legal Connection
In product liability cases, timing is critical. Insurance companies and defense attorneys will often look for gaps in treatment as a way to argue that your injuries weren’t serious or weren’t caused by the defective product. If you wait days or weeks before seeing a doctor, it opens the door for them to claim that something else may have caused your injuries, or that the injuries aren’t as severe as you say.
The Power of Documentation
When you receive care right away, your medical records will reflect the nature of your injuries and the circumstances surrounding them. These documents serve as objective evidence that supports your version of events and helps establish a clear timeline linking the defective product to your physical harm.
Best Practice
Even if you are unsure about the extent of your injuries, don’t wait to get evaluated. Visit a medical professional as soon as possible and be honest about what happened. This simple step can make a significant difference in the strength of your case.
2. Disposing of the Defective Product
One of the most common and costly mistakes in product liability cases is when an injured person throws away or alters the defective product that caused their injury. It might seem like a natural reaction, especially if the product caused serious harm, but doing so can seriously weaken your claim. In fact, the product itself is often the most critical piece of evidence in your case.
Preserving Key Evidence
To prove that a product was defective, your legal team must be able to demonstrate how the product was designed, manufactured, or marketed in a way that made it unreasonably dangerous. Without the actual item in question, this becomes significantly more difficult. Expert witnesses may need to examine the product, conduct tests, or compare it to industry standards to identify what went wrong and how it led to your injury.
Proper Storage Matters
Instead of discarding the product, store it in a secure, dry location and avoid altering or repairing it in any way. Keep all parts, packaging, instruction manuals, and purchase receipts if available. These materials can help establish a chain of custody and provide context for how the product was used.
A Minor Flaw Could Win a Major Lawsuit
Even if the product is damaged beyond use, it still holds evidentiary value. In many cases, what appears to be a minor flaw to the average person may be a significant defect in the eyes of an engineer or product safety expert.
Our Advice
Hold on to the product, and don’t make any changes to it until your personal injury attorney has had a chance to have it inspected by an expert. If you are unsure whether it is safe to keep in your home (for example, due to a fire hazard or electrical fault), please contact us immediately. We will advise you on how to store it properly or arrange for its preservation ourselves. Maintaining the integrity of this evidence can make or break your case.
3. Posting About the Incident on Social Media
In today’s connected world, it is natural to share life events, including accidents or injuries, on social media. However, after being injured by a defective product, posting on platforms such as Facebook, Instagram, TikTok, Twitter, or even LinkedIn can be a serious misstep. What might feel like a harmless update or a way to vent frustration can be misinterpreted or taken out of context by defense attorneys or insurance companies.
Risk of Misinterpretation
Opposing counsel will often comb through your social media presence, looking for evidence to downplay your injury or undermine your credibility. For example, a photo of you smiling at a family gathering, even if you are in pain, could be used to suggest that your injuries aren’t as severe as you claimed. Comments about the product, your recovery, or conversations with friends and family may also be twisted or challenged during negotiations or in court.
Maintaining Privacy
It’s not just about avoiding photos or updates. It’s about avoiding any online discussion of your injury, the defective product, or the legal process. Even private messages or posts set to “friends only” may be discoverable in a lawsuit. Once litigation begins, courts may allow access to certain parts of your social media history, especially if the other side can argue that your content is relevant to the case.
To protect your claim, it is best to remain silent on social media regarding the incident. Inform your friends and family not to post about it either, especially if you are tagged in photos or mentioned in comments.
Our Advice
We strongly recommend you refrain from posting anything related to your injury, recovery, or the product involved until your case is resolved. Even vague statements, such as “feeling better every day,” can be taken out of context.
If you are unsure whether something is safe to share, it is always best to check with your personal injury attorney first. When in doubt, stay offline. Your future settlement or verdict may truly depend on it.
Important Illinois Laws That Could Affect Your Claim
Even if you believe your case is straightforward, it is essential to understand the specific laws that govern product liability in your state. These laws can impact everything from the timeframe for filing a claim to the calculation of compensation; therefore, being informed is crucial to protecting your rights.
Strict Liability Applies in Most Cases
Illinois recognizes strict liability in cases involving defective products. Strict liability often applies to manufacturers, wholesalers, and retailers involved in the distribution chain of a product. This means you do not need to prove the manufacturer or seller was negligent. Instead, you must show:
- The product posed an unexpected danger beyond what a typical consumer would anticipate.
- The defect was present before the product ever reached the hands of a consumer.
- The defect directly caused your injury while the product was being used as intended.
Types of Product Defects Recognized in Illinois
Product liability claims in Illinois can be based on three types of defects:
- Design Defect — The product is inherently dangerous due to a flawed design (e.g., a power tool without a safety guard).
- Manufacturing Defect — The product was designed correctly, but an error occurred during the manufacturing process (e.g., a batch of medicine was contaminated during production).
- Failure to Warn (Marketing Defect) — The product lacked proper instructions or warnings, making it dangerous when used as intended (e.g., a cleaning product without a warning label for toxic fumes).
The Statute of Limitations
In Illinois, you typically have two years from the date of injury to file a product liability lawsuit. This timeline can vary in specific situations, so it is essential to consult with an experienced personal injury lawyer promptly to avoid missing your opportunity to pursue compensation.
Choose Pullano & Siporin To Represent You
With over 50 years of combined experience, our team of personal injury attorneys at Pullano & Siporin has successfully represented countless individuals who have been injured by dangerous and defective products in Illinois and across the United States. We understand the physical, emotional, and financial toll these injuries can take, and we are ready to help you navigate the legal system with clarity and confidence.
Our team brings exceptional legal skills, compassion, dedication, and an unwavering commitment to securing the justice our clients deserve. When you choose Pullano & Siporin, you choose advocates who will fight for your best interests at every turn, holding negligent manufacturers accountable.
Contact Us Today
If you or a loved one has been harmed by a defective product, don’t delay. Contact us today for a confidential consultation and let us help you take the first step toward recovery and compensation.
