Product manufacturers and sellers are obligated to produce, distribute, and sell products that are reasonably safe. Products that pose an unnecessary health risk to consumers open the door to liability. An experienced Illinois personal injury attorney will investigate what happened in your case, discuss your legal options, and fight to hold the responsible parties accountable for your injuries. That’s the degree of service you can expect from Hale & Monico.
Categories of Product Defects
Product defects usually fall into one of the following categories:
- Design defect. This means there was something about the design of the product that made it unreasonably safe. No matter how well the item in question was put together, it has an inherent design flaw that causes injury.
- Manufacturing defect. On the other hand, the design of the product may be perfectly fine, but the one that injured you was assembled incorrectly. Often this happens because of a failure of quality control at the factory or an error with the parts maker.
- Failure to warn. Generally this means failure to warn the consumer about how to safely operate the item, and the consequences if he or she disregards these instructions. If you’ve seen the warning labels on a ladder, you’ll understand what can happen if the manufacturer fails to warn people about possible risks.
Types of Product Liability Claims
There are generally three types of product defect claims you may be able to file:
- Warranty breaches. These apply to products that do not perform their purported functions in some way, thereby violating an express or implied warranty.
- Strict liability. This doctrine is often used with respect to products, like heavy machinery, that by their nature can cause serious injury or death if they are defective.
- Negligence. Manufacturers, vendors, distributors, and/or sellers may be negligent in how they make, market, or sell the product in question.
You should consult an experienced Illinois personal injury attorney to determine which legal theory is most appropriate in your case. After someone has been hurt by a product defect, it’s exceptionally difficult to determine who is at fault. When did the product become defective? Who knew about the defect? Products have a long journey from the moment they are created and designed until you purchase and begin using it. Somewhere in that chain, multiple parties could be held liable. That’s where you need trusted legal guidance.
If you’ve been hurt, save the product itself and keep it intact. Don’t attempt to take it apart or fix it yourself. Find your receipt or other proof of purchase and keep it in a secure place. Take pictures of the device and the damage it caused, including physical injury to yourself or others. Also obtain copies of your medical records which may be used later to assess damages.
You may be attempted to reach out to the store you bought the product from, or the manufacturer, and report your injury. But you should speak with a knowledgeable product defect attorney first. Hale & Monico has extensive experience handling product defect lawsuits. We will look into the history of the product and help figure out who is liable. Then, we will demand fair compensation for your injuries.
If you or a loved one have been injured by a defective product, give us a call today.