The short answer
If a product injured someone, do not discard, repair, or return it — the item itself is usually the central evidence. Report the incident to the relevant federal agency, keep the packaging and purchase record, and get advice before accepting any replacement or refund that comes with paperwork to sign.
01
The product is the evidence
In most other injury claims the evidence is a scene that no longer exists. Here it is a physical object you may still be holding. Returning it to the retailer, sending it back to the manufacturer for inspection, having it repaired, or throwing it away can each end the practical ability to prove what went wrong. Store it unaltered, along with anything it came with.
- The product itself, unrepaired and uncleaned
- Packaging, manuals, warnings, and inserts
- Purchase record, listing, or order confirmation
- Model, batch, lot, or serial numbers, photographed
- Photographs of the failure and of any resulting damage
- Medical records connecting the injury to the incident
02
Three federal agencies collect reports
Which one depends on the product. The Consumer Product Safety Commission handles most household goods, and consumers can report an injury or a risk of harm through SaferProducts.gov, where reports inform whether CPSC acts. Vehicle, tire, and car seat concerns go to the National Highway Traffic Safety Administration, which may open a defect investigation. Problems with drugs, biologics, and medical devices go to the FDA through MedWatch.
03
Reporting is not a claim
Filing an agency report and pursuing a legal claim are separate activities with separate purposes. Reporting contributes to safety surveillance and possible regulatory action; it does not compensate anyone or preserve a filing deadline. Doing one does not substitute for the other, and reporting does not prevent you from getting legal advice.
04
Check whether a recall already exists
CPSC publishes recall notices describing the remedy a manufacturer is offering, and NHTSA maintains searchable recall information for vehicles and related equipment. An existing recall is useful context. It does not by itself establish that a particular product caused a particular injury, and it does not answer the legal questions — but it is worth checking early and worth telling a lawyer about.
05
Be careful with the remedy on offer
A manufacturer or retailer may offer a refund, replacement, or repair. Accepting one can be entirely reasonable. What deserves attention is anything that asks you to return the item, sign a release, or agree to terms — because handing over the product removes your evidence and signing a release may close a claim permanently. Ask what you are signing before you sign it.
06
Who might be responsible is a longer list than you think
A product passes through manufacturers, component suppliers, importers, distributors, and retailers, and different parties may carry different responsibilities under a state's law. Identifying them can require the model and batch information you photographed at the start, which is one more reason that step matters.
07
The legal framework is state law
How product claims are analyzed — the theories available, what must be proved about a design or a warning, and what defenses apply — is governed by state law and is more technical than most tort claims. Federal regulation of a product sits alongside that and can interact with it in complicated ways. This is a poor area for self-assessment and a good area for an early consultation.
FAQ
Frequently asked questions
Should I send the product back for the company to inspect?
Get advice first. A company inspecting the item may be a normal part of resolving a complaint, but once the product leaves your control you may lose the ability to have it examined independently, and it may not come back. If an inspection is going to happen, the terms of it are worth discussing with a lawyer beforehand.
Does a recall mean I automatically have a claim?
No. A recall indicates that a manufacturer or a regulator identified a safety concern with a category of product. A claim still requires showing that the product caused this injury and that the legal requirements in your state are met. It is helpful evidence and a useful starting point, not a conclusion.
What if I no longer have the product?
It makes the claim harder, not necessarily impossible. Photographs, the packaging, purchase records, medical evidence, and information about recalls or other reported incidents can all matter. Tell a lawyer exactly what happened to the item and when, rather than working around the gap.
Lawyer in Town publishes general legal information for consumers. It is not legal advice, it does not create an attorney-client relationship, and it cannot account for the facts of any individual situation. Laws, court procedures, filing deadlines, and outcomes differ by state and by court, and they change over time. Confirm anything that affects a decision with a lawyer licensed in the relevant jurisdiction.
Agency reporting routes described here are federal. The legal theories available in a product claim, what must be proved, applicable defenses, and any interaction with federal regulation are governed by state law and differ by state.