What to Do If Your Product Injured a Consumer

Use these links to jump to different sections:

• Formulate a Legal Strategy
• Preserve Records
• Review Your Insurance Policy
• Remind Employees of Company Policies
• Don’t Make Any Statements
• Get Legal Help

The first thing is: exhale. The second thing is: call legal counsel.

Preserve all records that might be germane to the case—that includes any contracts, marketing and promotional materials, sales records, and product warnings.

After the initial shock, you might be in full panic mode. But you will need to answer the following questions: 

• Have you ever been involved with litigation regarding this particular product before?
• What do you know about the injured consumer? 

• How long has the product been on the market?
• Are there similar products in the marketplace—if yes, how unique is your product, and how do you know it was your product?

Formulate a Legal Strategy

Meet with your lawyer to formulate an overall litigation strategy if litigation is necessary.

Preserve Records

Additionally, records and contracts pertaining to suppliers of component parts that are part of the final product will also be useful.

Review Your Insurance Policy

Take the time to review your company’s insurance policy. Oftentimes, policies dictate that the carrier is to be contacted as soon as the company is made aware of a potential claim, not just an actual claim. 

Remind Employees of Company Policies

This would be a good time to remind your employees of the general policy that they should not discuss company business with any reporters, and give direction on whom they should contact if anyone reaches out to them.

It is not necessary to give your employees the specifics of this potential claim—the last thing you’ll want is an employee being interviewed or making statements on social media.

Don’t Make Any Statements

Last, and most important, don’t make any statements. If the injured party contacts you, be empathetic and gather information, but do not claim or accept liability. 

Get Legal Help

Whether you have a defective product, manufacturing defect, marketing defect, or issue with a retailer/wholesaler, it is advisable with any product liability claim that you consult a product liability lawyer for legal advice about strict liability.

For more information on this area of law, see our overviews of personal injury and product liability.