What is Involved in a Product Liability Claim?

 Posted on April 14, 2020 in Defective Products

The companies that design and manufacture consumer products have a legal obligation to ensure that these products are reasonably safe and do not pose an unnecessary risk to consumers. Unfortunately, carelessness and mistakes can cause some products to have dangerous and even life-threatening defects. If you or a loved one were injured by a defective product, you may be wondering what your legal options are. A product liability claim is a personal injury lawsuit involving injuries caused by a flawed or dangerous product. Through a product liability claim, an injured person or the loved ones of a deceased person may be eligible for financial compensation.

Types of Product Liability Lawsuits

Product liability claims may involve defective medical devices such as insulin pumps, automotive parts such as air bags or tires, children’s products such as sleepers or toys, food, drugs, and much more. Some product liability claims are based on the fact that the product’s design was already dangerously flawed before the product was even manufactured. The product may be structurally unstable, excessively flammable, contain toxic substances, represent a choking hazard to children, or is otherwise dangerous to the intended consumers of the product. 

Other product liability claims are based on mistakes made during the manufacturing or assembly process. Some examples of manufacturing defects include contaminated food or medication, products that are missing pieces, or products that are not assembled correctly. Product liability claims may also be a result of defects in the way the product is marketed to the consumer. Marketing defects most often involve products that do not contain sufficient warnings or instructions for proper use.

Proving Legal Responsibility for Unsafe Products

In order to bring a successful product liability claim, you will need to prove that that injured person’s injuries were a direct result of the faulty product and that damages, or costs, were incurred as a result. The injury must also have occurred while the product was being used as it is intended to be used and the product cannot have been significantly modified after it was sold. A product liability claim may allow you to receive compensation for expenses related to emergency room treatment, surgery, physical therapy, medication, and other medical costs. You may also be eligible for compensation for the injured person’s physical pain, mental suffering, loss of income, and more.

Contact a Waukegan Dangerous Products Lawyer

If you or a loved one were injured due to a defective product, contact Salvi & Maher, L.L.C. to learn more about your options for pursuing compensation. Schedule a free consultation with an experienced Lake County product liability attorney by calling us at 847-662-3303 today.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf