In a perfect world, every product that hits the shelf – including medical products, devices, and food – would be thoroughly tested for safety. Unfortunately, that perfect world doesn’t exist and corporations value profits over consumer safety. Products are routinely introduced to the public without thorough testing and many of them cause harm.
If you’ve been harmed by a defective product or are experiencing undesirable symptoms after using a particular product, here’s what you need to do:
1. Document your injuries and more
Document all injuries you believe were caused by the product in question. If the product caused low-level harm over a long period of time, document your experiences throughout the time you used the product.
All of your documentation will be necessary if you choose to pursue a personal injury claim against the manufacturer.
2. Talk to a personal injury lawyer
Personal injury lawyers handle product liability cases for defective and dangerous products. The first thing they’ll do is determine who is liable for the harm. The liability might lie with the manufacturer, distributor, retailer, or an advertiser. Either way, a personal injury lawyer is your best bet for pursuing a claim.
3. Look for existing lawsuits, judgments, and recalls
While you’re figuring out which lawyer to call, do a search online to find existing lawsuits, judgments, and recalls related to the product that caused you harm. You might be surprised to find ongoing lawsuits for many years that still have not gotten the product taken off the shelves.
However, if you don’t find any product recalls, don’t give up. Few companies will launch a voluntary recall for a product causing harm unless the harm is extreme. Even then, some companies wait until they’re sued and forced to launch a recall. Other companies ignore consumer complaints and continue to insist their products are safe. For example, talc has been a known carcinogen for decades due to asbestos contamination. Despite being warned, Johnson & Johnson has continued to include talc in many of their personal hygiene products and consumers who use those talc products are getting cancer. As of June 30, 2019, there are 15,500 cases against J&J for talc-related cancer.
In July 2018, J&J was ordered to pay $4.69 billion to 22 women and their families who claimed the asbestos in talcum powder products caused ovarian cancer. How does asbestos get into talc-based products? Talc is a soft mineral mined from the earth and is often found near asbestos. It’s common for talc to be contaminated with asbestos, which is linked to cases of mesothelioma, lung cancer, and ovarian cancer.
4. Be brave enough to pursue a lawsuit
Facing a major corporation in court can be intimidating, even with a lawyer by your side. Be brave enough to pursue a lawsuit regardless of what that corporation does or says. You might not know how many people’s lives you will save by bringing the issue to court.
Consumers will continue being misled and harmed by corporations until someone stands up against them. You can be that person and be the hero for an entire group of people who have been harmed just like you (or worse).
5. You deserve compensation for your injuries
No matter how you’ve been injured by a product, you deserve compensation for your injuries. If a product was put on the market without being tested for safety, the corporation can be held liable for negligence. If you’ve been harmed by an unsafe product, you deserve to be financially compensated.
6. Don’t invalidate invisible harm
Harm isn’t always visible. Sometimes harm comes in the form of exacerbating an existing illness, contamination, or severe and life-threatening side effects. For instance, the pharmaceutical industry is filled with lawsuits and recalls for drugs that were never tested or were inadequately tested for safety. As of October 2019, there are more than 200 drugs recalled by the FDA. This doesn’t include dangerous drugs that are in the process of being recalled.
Don’t wait – the statute of limitations might run out
If you’ve been harmed by a product don’t wait to talk to a lawyer. Each state has a statute of limitations that determines how long you have to file a claim. Get a consultation from an experienced personal injury attorney as soon as possible to get the ball rolling. If you wait too long, you’ll miss the opportunity to recover compensation.