Steps to Take if You’re Injured by a Defective Product
content.team • April 15, 2025

April 15, 2025

Young woman meeting with a personal injury lawyer after being injured by a faulty product.If you’ve been injured by a defective product, you may feel overwhelmed, confused, or unsure of what to do next. These incidents can have serious consequences, from mounting medical bills to lost income. 

With over a century of service and Martindale-Hubbell’s highest “AV” rating, McPhillips, Fitzgerald & Cullum LLP brings trusted experience to personal injury cases.  Our team  of 13 attorneys works across multiple specialties, including  product liability , to protect clients’ rights.  Knowing the right steps to take after a product-related injury can make a meaningful difference in your health, recovery, and legal claim.

Seek Medical Attention Immediately

Your safety should always come first. If you’ve been injured, seek medical care immediately—even if your symptoms initially seem minor.  Prompt treatment supports your recovery and creates important medical records that document your injuries. These records can serve as key evidence if you pursue a product liability claim. Delaying care may worsen your condition and make it harder to connect your injury to the defective product later on.

Preserve the Product and Any Evidence

After getting medical care, keeping the product that caused your injury is important. Don’t throw it away or attempt to fix it. If possible, also keep:

  • Original packaging and instructions
  • Purchase receipt or proof of transaction
  • Photos of the defective product and your injuries
  • Any communication from the seller or manufacturer

This evidence can be critical if you pursue a product liability claim.

Do Not Contact the Manufacturer or Insurer Alone

You might be tempted to reach out to the product manufacturer or their insurance company, especially if they’ve contacted you first. Avoid doing this before speaking with a lawyer. These companies may attempt to settle quickly or use your words against you.  Their objective is often to protect their financial interests, not to provide a fair resolution for your claim.

Document Everything

Start keeping a detailed record as soon as possible. This should include:

  • Medical visits and treatment plans
  • Out-of-pocket costs and medical bills
  • Missed work or lost wages
  • Notes on how the injury has affected your daily life

A well-documented case strengthens your claim and helps your attorney build a clear picture of the injury’s impact.

Product Liability Guidance in Upstate NY & Miami Shores, FL

Navigating a defective product injury can be legally complex. Legal guidance from an attorney who understands product liability can make a major difference in proving your claim and maximizing your outcome .   Time is critical, as there are deadlines for filing claims in both New York and Florida.

If you’re in Glens Falls, Chestertown, or Miami Shores and have been harmed by a defective product, don’t wait to get help.  Contact us today  at 518-792-1174 for our New York offices or 305-751-8556 for our Miami Shores office to schedule a consultation.

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