Christmas is a holiday of giving and enjoying time with others! The holiday season in particular is a time when many participate in gift-giving. A joyous time and season can become troublesome when you find a loved one or yourself unfortunately injured from a malfunctioning Christmas gift. Although a Christmas gift mishap is an unpleasant surprise, you’ll be eager to hear that there are steps you can take to file a claim after being injured in these circumstances.
At Baker Legal Team, our experienced lawyers can help you understand your rights and seek compensation for your injuries. Below is more information about filing a claim after being injured from a malfunctioning Christmas gift.
Should I Claim Compensation for a Malfunctioning Product or Gift?
If a malfunctioning Christmas gift has injured you, it is important to know your rights. If the product was defective and was within the warranty period, you can typically get a refund or an exchange. When you are injured while using the product in the manner it was intended, you have a right to seek compensation for your injuries.
Regardless of the severity of the event, Baker Law Group can help you rightfully obtain compensation for your injuries, medical expenses, and other damages. Speaking with our attorney will help you file a claim against the product’s manufacturer. Our personal injury lawyer helps you learn your rights and start a manufacturer claim while you heal and seek needed treatment. In some cases, a product liability lawsuit may be appropriate to seek justice for the severity of the damage the gift has caused.
Who Is Liable for a Malfunctioning Christmas Gift?
Depending on the extent of your injuries, you can claim compensation. In most cases, the retailer or manufacturer that sold you the product will be held responsible for negligence and compensate you for any damages that resulted from their negligent action or failure to meet the expected standards and intended use of the product.
The company or manufacturer may be liable if it is proven that they were responsible for the defect. Most gifts and products have warranties and product labels that include it’s intended use with a disclaimer or warning. If the product was used within its intention and you were still injured, there are steps you need to take to file a claim for a faulty Christmas gift.
What to Do after Being Injured from a Faulty Christmas Gift
The steps to preparing a claim for a product or gift after an injury may seem complicated because of the various factors that could determine the cause of the damage. However, after being injured from a faulty Christmas gift, you’ll want to start by taking action in the following ways.
Seek Treatment for Your Injuries
The first thing you need to do is get medical attention and an evaluation from a healthcare provider. This documentation will help you get the required documentation for your claim, and you can start seeking the needed treatment for your injuries. In most cases, you’ll want to get your doctor’s signature on your claim as well.
Seek Legal Advice for Your Claim
When you are injured by any product or Christmas gift, you’ll benefit from seeking legal advice to best handle your claim and reduce your stress level while processing the event. Our personal injury team helps you gather all the documentation and process the claim with the manufacturer. Our product liability lawyer helps you look into any recalls or manufacturer’s information to gather what’s needed in your compensation claim.
Document Your Experience While Using the Gift
An essential factor in successfully submitting a personal injury claim is documenting the events. You’ll want to gather any images, videos, medical documentation, and personal testimony of how the gift was given to you and used in the manner it was intended when the injury occurred. Our legal team can help you by preparing the information and documentation after looking at your case and researching the product.
File a Claim or Report with the Manufacturer
If a faulty Christmas gift has injured you, you’ll need to file a report with the manufacturer. This is an essential step because you need to notify the manufacturer that you sustained injuries from using their product in the manner intended. After filing the report, you may be contacted by the manufacturer for more information. Our lawyer can help you communicate if needed. If the manufacturer does not contact you, it is still important to keep all of your documentation related to the injury. This documentation may be needed if you choose to file a lawsuit.
Notify All Parties Involved
Another step you should take after being injured while using a Christmas gift is to notify all the parties involved. This includes the sender of the gift, the store where it was purchased, and any other relevant individuals. This will add to your claim documentation and provide needed information if it qualifies to escalate to a product liability lawsuit. If the product or gift damaged your property, you should notify your home insurance company or landlord if that applies.
Contact Baker Law Group for Your Personal Injury Claims in South Florida
Since there are various steps to take when filing a claim after being injured by a malfunctioning Christmas gift, it’s best to consult a lawyer. We can help you report the injury, gather documentation, and give their opinion on who should be held accountable for your damages.
At Baker Legal Team, our board-certified lawyers are available to guide you through the personal injury law process and help you file a claim. You can reach out to our team in Boca Raton by calling (561) 320-0000 or contacting us using our online form.