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Sample Letter of Notification for Product Liability Claims

Less serious product liability claims can be handled without a lawyer, if you have a little motivation and know-how. The process of obtaining a personal injury settlement starts with writing a Notification Letter to the responsible party. This page gives a hypothetical scenario with a sample notification letter. First, let's review some basics...

There are basically three kinds of Product Liability Claims:

(1) Manufacturing Defect - The injury was caused as a result of a defect in the manufacture of the product. For example, a racing bike built with a small crack in the frame causing the bike to break into two pieces, causing injury to the rider.

(2) Design Defect - The injury was caused by a poor design (even though there may be no defect in the individual product itself). For example, a piece of industrial machinery built without proper safety or protection devices, and as a result a worker is injured while using the machine.

(3) Failure to Warn (or "inadequate warning") - The injury was caused as a result of a product known to be potentially dangerous, sold without a proper warning to the consumer. For example, an over-the-counter drug lacking a warning on the hazards of use with certain other drugs, excessive consumption, or possible side effects from its use.

Although close in meaning, knowing which specific type of Product Liability applies to your claim is very important. Case type number one applies to our example product liability claim, detailed below.

Product Liability Claim Example:

Imagine you were seriously injured after purchasing a new racing bike manufactured by the Barretta Corporation located in Oregon.

You were out for a ride with a friend one morning when suddenly and without warning the center bar of your bike sheered off and dropped straight down to the pavement, sending you flying over the handlebars and straight onto the hard pavement and shoulder of the highway.

As a direct result of the structural failure of the bike your head and face crashed into the pavement of the road. You suffered a broken left clavicle, contusions, severe lacerations, and a severely bruised kidney.

You are seriously injured, and have substantial medical and other bills. You are unable to work and have been experiencing extreme feelings of guilt and anxiety, all causing you to fall into a state of depression.

This is a clear case of product liability by manufacturing defect. In such cases the injuries sustained were a direct and proximate result of the bike manufacturer’s negligence.

Negotiating a personal injury settlement with the Barretta Corporation can normally proceed without a personal injury attorney. There is no law in any of the fifty United States prohibiting you from representing yourself in this type of case.

If you handle your own settlement negotiations, you will probably save 33% of the final settlement, which would otherwise be paid out in attorney’s fees. This decision may save you thousands of dollars which you might have paid to an attorney to negotiate and settle your claim.

Settlement negotiations are usually split into two parts. The first part begins with your formal letter of notification to the product manufacturer. The notification should be sent by Certified Mail so you know when it was received. Send the letter as soon as possible after the injury.

Be as professional and knowledgeable as you can in every communication you have with the manufacturer and their insurance company.

Use the correct terminology. There are some important words and phrases you can use to make your letter more effective. All of the terms below are used by insurance companies and personal injury attorneys.

Here are some tips to help your letter stand out:

Refering to what happened as an "accident" lessens the seriousness of your product liability claim. The word "accident" implies it wasn’t anyone’s fault. Having a $1,500 racing bike snap in two is not an accident. Refer to what happened as an "incident" or "collision into the hard pavement."

Don’t use phrases like “It was your fault,” or “Baretta is responsible for what happened.” And don’t say Baretta is "guilty" of a manufacturing defect. Instead use the words "culpable" and "culpability." For example, “Baretta’s culpability is clear.”

Don't confuse the words "Culpable" and "Negligent." Although they are close in meaning the subtle difference is important. Culpability is basically the same as guilt (except the word "guilt" is used in criminal cases, we're dealing with a civil case). Negligence is when an individual or entity fails to protect another party from foreseeable risk of harm.

Instead of saying “The day it happened,” or "It happened on Monday,” use the phrase “Date of Loss.”

Always reference the negligence of the manufacturer. Don't say things like, “Because of what happened I was seriously hurt." Instead use the phrasing, “As a direct and proximate result of your negligence I sustained injuries.”

Unanticipated injuries, especially those resulting in serious pain and lost wages, often produce negative effects which are not tangible. It's difficult to quantify the depression or anxiety one feels when injured and unable to work. Yet depression, guilt, and anxiety are real damages, just like a broken arm or leg. The law refers to these feelings as "Pain and Suffering” or "Mental Anguish."

For the purposes of communicating with the manufacturer the words "Manufacturer," "Corporation," and "Company" are interchangeable. You may use either one, but be consistent throughout the entire letter.

Although you may think it is too personal, the law in most states says you may recover for “Loss of Consortium,” which signifies the deprivation of family relationships. For example, your arm was broken and as a result any intimacy with your spouse or loved one during the recovery period is impossible. That is known as Loss of Consortium.

Use attention grabbing adjectives and adverbs. Examples might include phrases like “propelled onto the road,” “horrific pain,” “slammed my back onto the ground" and “throbbing pain in my head.”

In the letter which follows there are several important statements which we've highlighted below. This is to demontrate that there is an underlying significance to what is writen:

You want to preempt any argument asserting that you acted in a way which contributed to the incident.

These types of preemptive statements do two things: They save time during negotiations by preventing the insurance adjuster from bringing up irrelevant arguments, and they make it clear that you know what you are doing. Here are some examples...

“When I purchased the cycle it was already fully assembled.” An Affirmative Statement confirming you did not have anything to do with the assembly of the bike preempts the Corporation from even implying that you improperly assembled the bike.

“... there is very little traffic. We had cycled on that road many times before ... the road was repaved ... There are no obstacles for many miles ahead..." This makes it clear that you were entirely familiar with the road, that there was light traffic, that the road was recently paved and smooth, and that there were no obstacles. This preempts them from saying a contributing factor may have been potholes or obstacles which you may have run into.

“The day was dry and cool.” You want to make it clear it wasn’t raining. This preempts the Corporation from asserting that you were going too fast on a wet road and skid so hard the bike split in two.

“The specifications on the bike state it is race worthy well into Fifty (50) miles an hour.” You are confirming you knew the limits of the bike and stayed well within them.

These are all great tips to strengthen your product liability claim and get it taken seriously. Some of the above tips will not directly apply to your case.

The overriding point is to avoid assuming any liability yourself and instead place it solely on the product manufacturer.

Remember, when the police and ambulance arrive on the scene they record all the information they can gather, including witness statements. The police are also required to create an "Accident Report." After a few days you can go to the police station to request a copy of the Police Report.

Don’t worry about sending the letter to the corporate headquarters in Kalamazoo, Nebraska or some other place. Simply send the letter Certified Return Receipt Requested to the place you purchased the Baretta. The rest will be up to them.

You are now ready to write the notification letter to Baretta stating your intent to pursue compensation. Make sure the letter contains:

A sentence or two confirming the day and date of the incident.

A statement confirming where you were and what you were doing immediately before the incident (riding on the bike at about thirty (30) miles per hour).

An initial listing of damages you've already suffered and may continue to suffer into the foreseeable future. These include, but are not limited to, pain and suffering, lost wages, doctors bills, medication costs, chiropractors, and more.

This is NOT the Demand Letter, it is the Notification Letter. At this stage you have just recently been injured and have only begun your treatment and recovery. Therefore you won't include any monetary figures for your costs in this letter (they're still accumulating).

Conclude the letter by telling the Barreta Corporation to turn over your letter to their insurance company immediately, reminding them of the legal consequences if they don't.

Finally, remember to send the letter by Certified Mail, this way you have proof that the Corporation received it.

Once all or most of all your recovery is complete you will send a
Demand Letter to Baretta’s insurance company. We’ll address that later.

Below is a SAMPLE notification letter for product liability claims. When writing your own letter, try to follow the structure as best you can while substituting the specifics of your case.

---START Notification Letter for Product Liability Claims---

                              (Your Name and Address) MR. JONATHAN L. PIERCE
                                                        15562 Ellington Avenue
                                                        Dallas, TX 75247

Email: jlp43@logo.com
Telephone: (214) 689-46X9

November 22nd, 2010 (Date of Letter)

Mr. Richard Hartz - President
Baretta Racing Cycles, Inc. (Name of Authorized Seller)
1200 Main Street, Suite 800
Suffield, CT 06023

    Re:    Manufacturing Defect Resulting in Serious Injury (Subject)

Date of Loss:    November 7th, 2010 (Date of Incident)


Dear Mr. Hartz:

On November 1st, 2010 I purchased a Barretta Model G/V 11 Racing Cycle from Premier Cycle Emporium in Dallas, Texas for the amount of Fifteen Hundred ($1,500,00) Dollars. Premier Cycle Emporium in Dallas advertises itself as an “Authorized Baretta Cycle Distributor.”

When I purchased the Cycle it was already fully assembled. It is my understanding your distributors receive Baretta Cycles fully assembled but for the attachment of the wheels and tires. I purchased the Cycle new. Because the G/V 11 Model is sold fully equipped I did not ask the Manager of Dallas Cycle Emporium to affect any repairs or modifications to the Cycle.

On November 7th, 2010 at about 5:30am, while in preparation for an upcoming race, a friend and I took our Cycles out on Highway 78 at the far end of Dallas County. At that time of the morning there is very little traffic. We had cycled on that road many times before and continued to return because the road was repaved about a year ago and as a result is quite smooth. There are no obstacles for many miles ahead, and certainly not within the distance of our ride that day.

The Baretta brand name is well known and liked by those cyclists with whom I race and practice. Because bicycle racing enthusiasts like me normally approach speeds of forty (40) miles per hour and more during a race it is important the bike be well-made and dependable. A fall on the road at forty (40) miles per hour could result in life-threatening injuries. The specifications on the G/V 11 bike state it is race worthy well into Fifty (50) miles an hour.

The day was clear and dry, and my friend and I were looking forward to the ride. The night before I had gone through every bolt on the bike to be sure it was road worthy. I also checked the air pressure. We started our ride heading north.

Within ten (10) minutes we were up to a training speed of about thirty (30) miles an hour – a safe speed, well within the limits of the Owner’s Manual for the G/V 11. Suddenly I heard a "snap.” Immediately the wheels on the bike began to wobble. I was fighting with all my might to maintain control, fearing a fall at that speed onto the hard pavement could be disastrous.

An instant later, I heard another louder snap and within a microsecond I was flying over the handlebars onto the shoulder of the road. The shoulder was filled with gravel and remnants of sharp, jagged rock left over from years ago when the road was first built.

I laid there bleeding and in agony until the ambulance arrived. My face must have hit the ground first because it was bleeding profusely. My left arm was contorted and I couldn’t move it without feeling excruciating pain. When I looked I saw my bone sticking out and splintered.

After being stabilized in the Emergency Room at Parkland Hospital in Dallas I went through multiple tests including, but not limited to an MRI and CAT scan. I suffered a broken left elbow, dislocated left clavicle, contusions, lacerations and a bruised kidney.

My Barretta Model G/V 11 Racing Cycle was manufactured and sold to me in defective and dangerous condition. The bike literally came apart at the seams. I did nothing to the bike other than ride it.

As a direct and proximate result of a defect in the manufacturing of my G/V11 Racing Cycle I sustained serious and life threatening injuries. I was hospitalized for three (days) and received Twenty Seven (27) stitches to my left elbow. I will be scarred and am considering plastic surgery to disguise it. It is likely I will continue physical therapy for the foreseeable future.

I work for American Airlines where I have been a Package and Luggage Handler for sixteen (16) years. Because of my injuries I will not be able to perform my duties for at least ninety (90) days. As a result of my injuries I have also suffered severe depression and anxiety.

As a direct and proximate result of defective construction and manufacturing of my Barretta Model G/V 11 Racing Cycle I suffered actual and future damages, including constant pain and discomfort. I have lost time and wages from my employment at American Airlines.

The trauma of the attack continues to cause nightmares, anxiety and depression. The culpability of the Baretta Corporation is clear and convincing. Before the devastating crash I looked forward to each new day. Since the crash I have been unable to ride. It will take a long time for me to be able to ride again.

Please turn this letter over to your insurance company or Legal Counsel. If I do not hear from a representative of the Barreta Corporation with thirty (30) days of your receipt of this letter I will have no alterative but to commence legal proceedings against you.

Yours truly,

_____________________
Jonathan L. Pierce

CC: Your Insurance Company

---END Notification Letter for Product Liability Claims---

You have now formally notified the Baretta Corporation and received confirmation from the Postal Service that the letter was received. Once you receive confirmation of the date and time of delivery you should pull out your calendar and mark two dates: the two week mark and the thirty day mark from the time you received delivery confirmation.

While waiting for the call from the insurance claims adjuster make sure you read over your notification letter multiple times. When you finally speak with the adjuster you want to be consistent with the smallest details.

If you haven’t heard from the claims adjuster by the two week mark don’t panic. Adjusters have hundreds of claims. Keep your antenna up so you don’t miss the call. When the adjuster finally does call it's not the time to be aggressive or demanding. Keeping calm will go a long way toward settling your product liability claim favorably.

At this point the adjuster will want to take your recorded statement. That is standard operating procedure. Tell the truth and stick to what you said in your notification letter as much as possible. At the conclusion of the call be sure to get the adjuster's name, address, telephone number, email address, and the claim number.

That's about all to expect with the first contact from the adjuster. Now is not the time to argue. Do not expect the insurance adjuster to admit culpability for her client. She is investigating the case and hasn’t drawn any conclusions yet. Tell her you will continue to treat your injuries and will contact her when your treatment is near completion.

It will be quiet for a while. Continue your recovery and make sure you hold on to every receipt related to your treatment, from the ambulance bill to the receipts for parking at the doctors office.

When you finish medical treatment you will add up your damages and send a Demand Letter to the adjuster seeking a specific monetary amount as settlement for your product liability claim. This will start oral negotiations.

See a DEMAND letter sample for strict product liability cases.

Return from Product Liability Claims to Product Liability Lawsuit

Return from Product Liability Claims to Personal Injury Settlement

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