What Should I Do if I Have Defective Products in My Home?

We trust that the products we buy are safe to use. From kitchen appliances to children’s toys, we expect that these items have been thoroughly tested and approved before they land on store shelves. 

Unfortunately, that’s not always the case. 

Defective products in the home can cause serious injuries, property damage, or even death—and the damage doesn’t stop there. You could be stuck with mounting medical bills, lost wages from missed work while recovering from injuries, or other related expenses.

If you’ve discovered a defective product in your home, you may be wondering: What should I do now?

At Morgan & Morgan, we’ve helped countless families recover compensation for harm caused by defective products to give them the means to move forward with their lives after the unfortunate has occurred. And we may be able to help you, too. If a defective product has caused you harm, contact us today for a free case evaluation to learn more about your options.

Below, we will walk you through the steps to take if you suspect a product in your home is defective, how to protect your rights, and when to consider legal action. 

What Does “Defective Product” Mean?

A product is considered defective when it fails to work as intended due to a flaw in its design, manufacturing, or marketing. Not all malfunctions, however, qualify as legal defects. 

The key issue is whether the defect renders the product unreasonably dangerous when used properly.

There are three main types of product defects:

1. Design Defects

These occur when the product’s original blueprint or concept is inherently dangerous. Even if manufactured perfectly, the product poses risks to users. An example could be a space heater that tips over easily and catches fire.

2. Manufacturing Defects

These happen during the production process and result in individual units being flawed. For instance, picture a batch of pressure cookers with faulty seals that explode during use.

3. Marketing Defects (Failure to Warn)

If a product lacks adequate instructions or warnings about known risks, it may be considered defective. 

A cleaning chemical that doesn’t warn against mixing with bleach is considered a “failure to warn.”

Understanding the type of defect can help determine who may be liable: the designer, manufacturer, distributor, or retailer.

Step-by-Step: What to Do if You Have a Defective Product at Home

If you believe you have a defective product in your home, take the following steps to protect your safety, preserve evidence, and prepare for potential legal action.

1. Stop Using the Product Immediately

Your health and safety are the top priority. If the product has already malfunctioned, such as an appliance that sparked or a child’s toy that broke apart, stop using it right away. Turn it off, unplug it, and keep others away from the area. In the case of chemical products or flammable items, follow any emergency safety guidelines listed on the label.

Even if the product hasn’t yet caused harm, but you suspect a serious flaw, don’t take chances.

2. Document Everything

Start collecting evidence as soon as possible. This information can be crucial if you decide to file a claim. Include:

• Photos or videos of the product, especially the defective part.
• Photos of any injuries or property damage.
• Receipts, packaging, instruction manuals, and warranty documents.
• Medical records or hospital bills if you were injured.
• A written record of what happened, including date, time, and circumstances of the defect or incident.

If the product caused a fire, explosion, or serious injury, it’s especially important to preserve it in its damaged condition if it’s safe to do so. Don’t throw it away or attempt to repair it.

3. Secure the Defective Product

Safely store the product in a secure location where it won’t be further damaged or pose additional risks. If it’s too dangerous to keep in the house (such as a leaking gas appliance), consider photographing and documenting it thoroughly, then removing it from the home.

Don’t let the manufacturer or retailer take the item from you without first consulting with an attorney. They may try to fix it or inspect it without preserving its condition, weakening your ability to prove your claim.

4. Check for Recalls

Visit the Consumer Product Safety Commission’s website (CPSC.gov) and search for the product to see if it has been recalled. Other helpful databases include:

• SaferProducts.gov – allows you to report and search for product safety complaints.
• NHTSA.gov – for motor vehicle-related product defects.
• FDA.gov – for food, drugs, and medical devices.

If a recall exists, follow the instructions provided, which may include stopping use, returning the item, or requesting a free repair. A recall can also be helpful evidence of widespread defect.

5. Seek Medical Attention

If you or a family member were injured by the defective product, get medical help right away. Even if the injury seems minor, it’s important to have an official medical record, which can become a key part of your legal case.

Also, keep a journal tracking your recovery, pain levels, missed work, or any long-term effects — this can support a claim for damages.

6. Report the Incident

You may wish to file a formal complaint with the appropriate agency:

• CPSC for general consumer goods
• FDA for food, drugs, cosmetics, and medical devices
• NHTSA for auto parts and vehicles
• USDA for meat, poultry, and egg products

Reporting the incident helps authorities track dangerous products and may lead to future recalls that protect others.

7. Talk to a Product Liability Attorney at Morgan & Morgan

Before you return the item, accept a refund, or sign any paperwork from the manufacturer or retailer, talk to an experienced product liability attorney. Companies often try to settle quickly or deny wrongdoing.

At Morgan & Morgan, our attorneys have handled thousands of product liability claims, from household items to pharmaceuticals to car parts. We can help you understand whether you have a case, what your legal options are, and how much compensation you may be entitled to.

What Kind of Compensation Can I Get for a Defective Product Injury?

If you were injured or suffered losses due to a defective product, you may be able to recover damages, including:

Medical Expenses

Current and future costs, including ER visits, surgery, rehabilitation, and prescription medications.

Lost Wages

If you missed work or became unable to earn a living due to your injury.

Pain and Suffering

Non-economic damages for physical pain, emotional distress, and reduced quality of life.

Property Damage

Repairs or replacement for items destroyed by the defective product (e.g., fire damage).

Punitive Damages

In cases of gross negligence or willful misconduct, courts may award additional sums to punish the manufacturer.

Common Examples of Defective Product Lawsuits and Recalls

Here are some common examples of household products that have been the subject of lawsuits and recalls:

• Defective electronics (e.g., laptops, chargers, hoverboards) that overheat or catch fire
• Children’s toys with choking hazards or lead paint
• Kitchen appliances that explode or leak gas
• Furniture that tips over easily, causing injury (especially to children)
• Heaters and fireplaces with inadequate safety features
• Cleaning products without proper warnings
• Power tools with faulty safety switches

In each of these cases, injuries or deaths could potentially have been prevented if the product had been properly designed, manufactured, and labeled.

How Long Do I Have to File a Claim?

Every state has its own statute of limitations for product liability claims. This is the legal deadline for filing a lawsuit and can range from one to six years, depending on the jurisdiction.

The clock usually starts ticking from the date of the injury or when you reasonably discovered the defect. However, deadlines can vary if the injured party is a child or if the product was purchased long ago.

Morgan & Morgan can help you determine your specific deadline and take fast action to preserve your claim.

What if I Wasn’t the Original Buyer?

You may still have a claim even if you didn’t buy the product yourself. For example:

• A child injured by a toy given as a gift
• A tenant injured by an appliance in a rental property
• A guest harmed by a defective space heater or power tool

In product liability cases, manufacturers can be held accountable for foreseeable use by anyone, not just the buyer.

Injured by a Defective Product? Morgan & Morgan Can Help

Defective products are more than just junk; they’re potential threats to your health, home, and livelihood. When companies put profits over safety and allow a dangerous product to go to market, they must be held accountable. If you or a loved one has been harmed by a defective product, don’t wait to take action.

Morgan & Morgan is the largest plaintiffs’ law firm in the country. We have the resources, experience, and nationwide reach to take on large corporations and win. Our team has recovered billions for clients harmed by defective products, and we don’t charge a cent unless we win your case.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.