Defective products and toxic exposure

Hurt by a product that should have been safe?

When a product is dangerous because of how it was designed, how it was made, or because it came without adequate warnings, the companies that made and sold it can be responsible for the injuries it causes. Most people go through this once. Manufacturers and their insurers handle injury claims every day.

These guides cover defective products, food poisoning, and exposure to asbestos and chemicals, where illness can appear years after the exposure. Some of these cases are brought together with many others, in a class action or a mass tort. You shouldn’t have to become a legal expert to be treated fairly after a product hurts you.

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What to do first

Your first-week plan: four steps that protect your claim

  1. Get medical care

    Tell the doctor which product was involved and how you were using it.

  2. Keep the product

    With its packaging, receipt and instructions. Don’t repair it or throw it away.

  3. Check for a recall

    Search the federal government’s recall site, recalls.gov.

  4. Talk to a lawyer first

    Before the manufacturer or its insurer asks you to hand the product over.

What waiting can cost

  • Evidence. Once a product is repaired, thrown away or handed over, the evidence may be gone.
  • Exposure. Illness from asbestos or chemicals can appear years later, and deadlines still apply.

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What a good outcome looks like

The product and its packaging are kept safe, you know who made and sold it, and you know your deadline.

Common questions

Do I have to prove the manufacturer was careless?

Not always. In many states a manufacturer can be responsible for a defective product without proof of carelessness, but the rules vary by state and by the kind of claim.

What is the difference between a class action and a mass tort?

In a class action, one case represents a large group with similar claims, and members are usually included unless they opt out. In a mass tort, each person keeps an individual case, handled alongside many similar ones.

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