If you consumed bad food, a drink, or a drug product and became sick, the manufacturer or seller of the product may be liable. You can file a defective product claim to help you pay for any associated medical expenses. There are three categories for product liability claims, including:
- Defective product
- Defective manufacture of product
- “Failure to warn”, or defective marketing for the product
First, you need to write and send a demand letter to the insurance company of the liable party. The letter will be used as a reference throughout the negotiation process for your claim. You should be detailed in your use of the product and how it caused you harm.
Sample Demand Letter
This sample demand letter can be used as a guide for writing a demand letter of your own. It contains all of the details you will need to include.
[Your City, State, and Zip Code]
[Name of the Claims Adjuster]
[Their Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendent]
Claimant: [Your Full Legal Name]
Claim Number: (Only include this number if a claim number has already been assigned to you, and you have already been contacted about the matter.)
Date of Loss: [Date of Incidence in which the Defective Product Consumption Took Place]
Dear Mr./Mrs. [Name of Claims Adjuster] ,
In response to our previous correspondence in regards to the matter mentioned above, please accept this letter as my formal demand for settlement.
I have recently finished treatment for the illness I experienced after consuming a bad product that was manufactured by your insured, Morehouse Salads To-Go. The product in question was the Spinach Salad Slammer, which was infected with E. coli bacteria. As a result of this failure in manufacturing a product that was safe to eat, I suffered severe food poisoning and had to be hospitalized.
On November 20, 2015, I purchased a Spinach Salad Slammer from the local grocery store, Shop N’ Save, and ate it for lunch. At around 11:00 p.m. that night, I experienced severe cramping, nausea, vomiting, and diarrhea. I was unable to keep down any food and didn’t sleep for most of the night. I became severely dehydrated and decided to go to the emergency room the next morning.
While in the ER at Holbrook Memorial Hospital at [insert address], I was treated by Dr. John Stedman. He diagnosed me with E. coli poisoning and gave me fluids to treat my dehydration. He also recommended that I stay home from my job at Perfect Ten Nail Salon until my symptoms subsided, which took three days.
My medical expenses for the previously mentioned treatment are outlined in the enclosed bills, including:
Holbrook Memorial Hospital: $438.00
Dr. John Stedman: $289.00
All of the other Salad Slammers that were sold at Shop N’ Save over the course of four surrounding days infected other customers with E. coli. Morehouse Salads To-Go is liable for manufacturing a bad food product. Because of this, I lost out on three days worth of my hourly wage and estimated tips at the nail salon, which totaled $315.00. Therefore, I am requesting compensation for my medical treatment and general damages in the amount of $1,500.00.
I hope to hear back from you in no more than 30 days from the date of this letter, and I thank you for a timely response.
[Your Name – printed]
Note that by requesting an amount in damages that is more than your combined medical expenses and lost wages, you are leaving space to negotiate.
Get Help with Your Product Liability Claim
Consider hiring a lawyer who specializes in product liability claims to assist you in:
- Writing your demand letter
- Collecting necessary medical evidence
- Negotiating with the other party’s insurance company
A lawyer can help ensure that your claims process runs smoothly and that you receive the settlement you deserve.