Accidents and injuries
When something you trusted hurt you
A pressure cooker opened under pressure. A ladder buckled. A medication, a car part or a child's toy did something it was never supposed to do. When a product hurts someone, the question isn't only who was careless but whether the thing itself was unsafe as it was designed, made or sold.
Keep the product, and don't try to fix it
The product itself is often the most important piece of evidence. Keep it, along with any packaging, manuals, receipts and parts that broke off. Put it somewhere safe and don't repair, alter or throw it away, even if a store or manufacturer offers to take it back. If you have already lost it, tell us anyway; photos and receipts still help.
Three ways a product can be unsafe
Lawyers usually sort product cases into three kinds. A design problem means every one of that product is unsafe. A manufacturing problem means yours came out of the factory different from the rest. A warning problem means the product needed clearer instructions or a warning it didn't have. You don't need to know which applies to you. It helps to know that all three exist.
Recalls, and cases involving many people
A recall can help show a problem was known, though a product doesn't need to have been recalled for you to have a claim. You can search federal recall lists for vehicles and consumer products. Sometimes many people are hurt by the same product, and those cases are handled differently, often grouped together in one court. Lawyers who take on that kind of work are a particular group, and the lawyer reviewing your inquiry takes that into account.
What helps to have ready
- The product, its packaging and any manuals, kept safe and unaltered.
- Where and when you bought it, with a receipt or order confirmation if you have one.
- The brand, model and any serial or lot number.
- Photos of the product and of your injuries.
- Any recall notice, email or letter you received about it.
- The names of the doctors or hospitals that treated you.
- Incident and records organizer
A printable page to record what happened, where you were treated and what it has cost you.
- Preparing to talk about an injury
What to gather after an injury, how to keep a simple treatment record, and what to be careful with.
- What to have ready before you talk to a lawyer
A short, practical list you can use for any kind of problem.
Where we fit in
A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.
Questions people ask
The store offered to take the product back and refund me. Should I let them?
Think carefully before you do. Once the product leaves your hands, it can be difficult to examine it later. You can ask for a refund in writing and keep the item.
It was a medication or a medical device. Is this the right place?
Yes, send it here. If the problem was how a doctor or hospital used or prescribed it, the section on harm from medical care may apply too, and the lawyer reviewing your inquiry will look at both.
There was no recall. Can I still ask?
Yes. A recall can be helpful evidence, but it isn't a requirement.
This may also apply
- Harm from medical care
If a medical device or a drug was involved and the question is also how it was used or prescribed.
- Credit, debt collectors and scams
If the problem cost you money but didn't injure anyone.
More about accidents and injuries
This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.