If a defective product causes harm, product liability may arise in addition to a refund. The responsibility of the manufacturer, service provider or seller depends on their role and the conditions prescribed by law.
Understand the law and process
A manufacturing defect, design defect, inadequate instructions or deficiency relating to an express warranty may be relevant. The fact that an injury occurred does not, by itself, establish the liability of every supplier; a connection between the defect, the use of the product and the harm must be shown. Misuse, alteration and the warnings provided will also be assessed. A claim for medical expenses, damaged property and other legally recoverable losses may depend on the facts. Consumer law provides a specific framework for product liability, so do not risk losing important evidence by sending only a general return request.
In detail: What factors could affect the outcome?
Keep the product in a safe condition before repairing or discarding it. If it poses an electrical, fire or chemical risk, safety comes first; do not take risks by testing it yourself. An independent examination may be necessary. If you provide the product to the seller for inspection, obtain a receipt and a record of its condition to avoid a later dispute about the state in which it was provided.
What should you do?
- First, obtain any necessary medical assistance and record the time and place of the incident and the circumstances of use.
- Keep the product, packaging and instructions, and notify the seller/manufacturer in writing.
- Assess the relevant parties and the appropriate consumer proceeding, along with the documents relating to the loss.
What documents should you keep?
Keep the invoice, serial/batch number, product photographs, instructions, medical bills and details of witnesses to the incident.
Hypothetical example
A pressure cooker breaks during ordinary use and causes an injury. Instead of discarding the cooker, the family kept it in a safe place and obtained hospital records. This preserves the possibility of examining the defect and establishing its connection to the injury.
Is the seller always as responsible as the manufacturer?
No. The law sets out separate conditions for a seller's liability; the seller's role and the facts must be considered.
Sources and related rules
Editorial review: 26 October 2026. This is general legal information. The outcome may vary depending on the facts of the case, applicable state law and subsequent amendments.