What to Do If Your Product Injured a Consumer

First things first: call a personal injury defense lawyer

As told to Amy White | Reviewed by Canaan Suitt, J.D. | Last updated on January 3, 2024 Featuring practical insights from contributing attorney Damian S. Jackson

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The first thing is: Exhale. The second thing is: Call legal counsel. Preserve all records that might be germane to the case—including 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?

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

2. Preserve Records

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

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

Damian S. Jackson

3. 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. 

4. 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.

5. 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. 

There are different types of product liability cases involving defective products. Responsible parties could include manufacturers, distributors, and retailers/wholesalers. There are also different legal theories to prove manufacturing defects or marketing defects, including strict liability and negligence. If your company is facing a product liability claim, consult a product liability lawyer for legal advice. For more information on this area of law, see our overviews of personal injury and product liability law

Damian Jackson is a product liability attorney with Reilly, McDevitt & Henrich in Philadelphia.

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