When you realize a product you bought is defective, your first instinct might be to return it to the store or manufacturer for a refund.
Should you return a defective product?
You should think twice before you rush to send it back. If that product caused an injury, damaged your property, or could have hurt someone, take a pause before taking the next step.
Keeping the product might be important, especially if you want to pursue a product liability claim.
Here’s why you should hang onto that defective item and what to do if you want to take legal action.
Why Keeping the Product Could Matter
Unfortunately, defective products injure people on a daily basis. In 2023, 12,740,256 Americans were injured by consumer products according to data from the National Safety Council, in 2023.
If a product causes harm, it’s no longer just a faulty purchase; this could be a key piece of evidence in a legal claim. Whether a malfunctioning power tool, a recalled household appliance, or a defective car part, the product itself can help prove what went wrong and who is responsible.
This falls under product liability law. The law holds manufacturers, designers, and retailers accountable when a product is unsafe. However, to build a strong case, your attorney needs to understand exactly what caused the problem. Sometimes, that means being able to inspect the product itself.
Even if you’re unsure about pursuing a legal claim, it could be a smart move to keep the product just in case. You might start out thinking that your injuries were not a big deal. However, over time, you may discover that the damage is worse than expected.
When you hold onto the defective item now, you are giving yourself options later.
What About Returns or Refunds?
Sometimes, you may be tempted to return to get your money back. Many manufacturers require you to return the product for a refund or warranty replacement. But this is where things can get complicated.
If the product caused any injury or serious damage, you don’t want to return it before speaking with a lawyer. Once it’s out of your hands, it may be gone for good, along with your chance to prove what went wrong or who was at fault.
Instead of rushing to the store, you may want to consider these steps:
- Take detailed photos and videos of the product from all angles, especially any visible damage or defect.
- Document the packaging, serial numbers, and receipts.
- Record what happened, including the date, time, how you used the product, and what resulted from the defect.
- Save all communication with the manufacturer, seller, or warranty provider.
In some cases, the company may be able to inspect the product without taking full possession or agree to preserve it for legal evaluation. Once again, you will want your attorney to handle this for you.
Keep the Item Safe and As-Is
If you are holding onto the product, make sure it is stored in a safe place.
Don’t try to fix it, take it apart, or alter it in any way.
Preserve it in the exact condition it was in when the problem occurred. In that condition, engineers or other experts can later analyze what went wrong. They can determine if the issue was attributed to a design flaw, a manufacturing issue, or missing safety warnings.
When to Call a Lawyer
If the defective product injured you or someone in your household, you’ll want to have a conversation with a product liability attorney.
They can walk you through your rights, let you know if you have a case, and help you preserve important evidence.
Even if you don’t file a claim, you’ll walk away with a better understanding of your options.
While tossing out a broken product or sending it back for a refund might seem easier, you might want to wait. If there is any chance it caused harm, you’ll be glad you held onto it.
Keeping the defective item, documenting everything, and seeking legal advice if needed can make all the difference. This is more than getting your money back. You want to keep all your options open if you choose to pursue a product liability lawsuit.
At Forbes Law Offices, we’re always here to provide you with a consultation to explore your next steps in this situation.
