Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
In Chicago, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim from a product liability lawyer.
A product may be defective if it is designed and manufactured defectively or improperly marketed. Defective products can cause catastrophic injuries or even fatalities. In fact, any product may be considered defective if it causes an injury while being used in the manner of which it is intended. Certain products are notorious for being defective and include but are not limited to the following:
- Household appliances: when a defective toaster, dryer or microwave oven causes a fire, the victims may sustain devastating burns and injuries;
- Defective tires can result in loss of vehicle control and cause serious injuries;
- Every year numerous defective drugs are put on the market without proper testing and could cause serious injuries;
- Children are particularly vulnerable to dangerous products such as defective cribs in which a child could get trapped in or toys that present possible choking or laceration hazards;
- Some common auto defects include faulty brakes, steering, airbags, seatbelts and a child’s seat;
- Medical devices such as implants which have a manufacturer or design defective causing pain and suffering and unnecessary surgery for the patient;
A basic negligent claim for a faulty product requires you prove the following:
- A duty owed to a breach of that duty;
- The breach was the cause in fact of the plaintiff’s injury;
- The breach proximately caused the plaintiff’s injury; and
- The plaintiff suffered justifiable damages.
Some states grant strict liability against manufacturers or other liable parties for inappropriate product design or manufacturing. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making the product defective.
A defective product can result in serious personal injuries, including but not limited to:
- Brain injury;
- Spinal Cord injury;
- Pain and suffering;
- Food poisoning; and
- Wrongful death.
When to Approach a Product Liability Lawyer
If you, a friend, or family member has been injured as a result of a product, you should contact an attorney immediately. An attorney with experience in this area will secure the evidence necessary to prove a case and obtain witness statements. There are also many time limitations on product liability cases. You should contact an attorney immediately if you have a claim. If you fail to secure an attorney in a timely basis, after the statute of limitation expires, you will be forever barred from bringing a claim. We urge people who have been injured as a result of a product, to secure an attorney immediately to protect their rights.
Please contact David K. Kremin & Associates, P.C., for a free consultation at 1(800) ASK-A-LAWYER or 1(800) 275-2529. We never charge unless we collect compensation for you.