Exchanging gifts during the holiday season can be one of its greatest joys. However, things can easily go wrong. If you or your loved one has been hurt by a gift you received, your medical bills are not your responsibility. Often, the giver is not at fault, either — but rather the gift’s manufacturer. 

Our client was given a warming pack as a gift. The hand warmer then exploded, causing severe chemical burns all over his legs. We recovered $130,000 to cover his treatment bills and the time he needed off work. 

What to do if the gift malfunctioned?

This is when a product doesn’t work right or stops working because there’s something wrong with it, and this causes injuries. In this situation, the injury happens because the product failed in a way that was not expected.

For example, you buy a power drill as a gift for your dad. If the drill is faulty and the bit comes loose and falls off while he is using it, hurting his hand. The problem here happened because of a mistake made when the drill was made which led to the injury. 

The gift is poorly designed

In this scenario, the product works as designed, but the design itself is flawed and can lead to injuries under normal use. Poor design can create safety hazards even if the product isn’t defective.

For example, you give a blender with a handle placed too close to the sharp blades to your mother-in-law. This design makes it easy for someone to accidentally touch the blades when reaching for the handle. While the blender technically operates as intended, the poor design increases the risk of cuts. 

There is a case here if she hurts herself (and we can make sure she knows you didn’t do this on purpose). 

The gift caused harm due to insufficient instructions

The product works well and is nicely made, but the instructions don’t explain how to use it safely, which can result in accidents. When instructions are unclear, people might use the product in a way that puts them at risk.

For example, you give your niece a remote-controlled toy helicopter that needs certain steps to set up and use properly. But the instructions are confusing and miss important details, like keeping a safe distance when it takes off. Without this information, she stands too close and it hits her in the face, causing an injury. 

In all cases, there are a few key things to note

These considerations can help protect your legal rights and ensure the process is as straightforward and effective as possible.

Don’t delay medical treatment

If you or your loved one is hurt, the most important thing is to get help right away. Go to the hospital or urgent care immediately to seek treatment for your burns, cuts, bruises, etc.

Always document as much as you can

Take photos of the injury, the product defect, and any related damage to provide evidence of the malfunction or hazard. It also helps to hang onto the packaging and any literature that came along with the item — just in case.

You should also keep copies of receipts, doctor’s reports, x-rays, etc. as well for your claim. 

Your claim is much simpler than you think

Under product liability laws in both Illinois and Indiana victims don’t have to prove negligence—only that the product was defective and caused harm. However if you modified the product and then it hurt you, your claim might be harmed. 

If you have any questions about how this works, give us a call.

Move quickly so you don’t run out of time

In Illinois, the statute of limitations for product liability cases is two years from the date of injury.  In Indiana, it’s two years from the date of the injury or when the injury should have reasonably been discovered. 

To avoid missing out on compensation for something that wasn’t your fault you need to move quickly. We understand that this can be stressful while you are recovering from an injury. This is why we are here to help. 

You still have a claim even if you didn’t buy the defective item

In Illinois and Indiana, people who are hurt by a product can file a claim even if they didn’t buy it themselves. Someone who received the product as a gift has the same rights to seek help as the person who purchased it.

Don’t worry about offending your great aunt or best friend by filing a claim if their gift malfunctions and harms you. It’s not their fault — it’s the company’s! 

Contact McCready Law today — this isn’t your fault