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How to Report a Defective Product

13.02.24
Legal Team

Encountering a defective product can be not only frustrating but also potentially dangerous. In the U.S., consumer safety is paramount, and reporting a defective product is a crucial step in ensuring the well-being of both individuals and the broader community. 

Report to the CPSC

If the defect poses a serious risk, file a report with the Consumer Product Safety Commission (CPSC). You can do this online at saferproducts.gov or by calling (800) 638-2772. Provide detailed information about the product, the defect, any injuries or incidents, and your contact information. This information helps the CPSC identify trends and take appropriate action.

Contact the Seller or Manufacturer

Try to contact the seller or manufacturer directly. Many companies have customer service departments that handle product complaints. Provide detailed information about the defect, the date of purchase, and any relevant details. Some defects may be isolated incidents, and the company may offer a replacement or refund. Additionally, they are required to report discovered defects or product risks to the CPSC within 24 hours. 

Check for Recalls

You can also check the CPSC’s website for a list of recalls. If the defective product has already been recalled, follow the recommended actions outlined, which may include returning the product for a refund or replacement.

What Happens After You Report a Defective Product?

After reporting a defective product to the CPSC, they will review the information provided and assess the severity of the defect and its potential risks. If the reported defect poses a significant hazard to consumers, the CPSC may launch an investigation to gather additional data, including incident reports, testing results, and feedback from the manufacturer. Depending on the findings, the CPSC may work with the manufacturer to implement a recall, providing guidelines for consumers on returning or repairing the defective product. The CPSC also shares relevant information with the public to raise awareness about potential dangers and ensure consumer safety. In some cases, the CPSC may take legal action against the manufacturer if there are violations of safety regulations. Throughout this process, the CPSC serves as a crucial regulatory body, working to protect consumers and prevent further harm from defective products in the marketplace.

What Should I Do If I Was Injured by a Defective Product?

If you are injured by a defective product, it’s important to take the following steps to protect your health, preserve evidence, and potentially pursue compensation for your injuries:

Seek Medical Attention

Your health is the top priority. Seek medical attention immediately, even if your injuries seem minor. Document all medical evaluations, treatments, and expenses related to the injuries caused by the defective product.

Preserve Evidence

Keep the defective product, any packaging, and receipts. Take photographs or videos of the product and your injuries. Preserve any documents, such as instructions or warranties, that came with the product. This evidence will be crucial in establishing the defect and supporting your case. Avoid making any repairs or modifications to the defective product. Keep the product in its original condition to support your case.

Document the Incident

After reporting the product to the CPSC, write down a detailed account of the incident while they are fresh in your memory. Include information about how the product was used, the circumstances surrounding the injury, and any immediate reactions or observations.

Keep Communication

Keep copies of any communication with the manufacturer, retailer, or distributor.

Consult with an Attorney

Seek legal advice from an experienced Albuquerque Product Liability Attorney. They can assess the circumstances of your injury, determine liability, and guide you on the appropriate legal steps to take.

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