We all buy and use a variety of products every day and we usually don’t give any thought to the possibility that they could be defective or dangerous. We assume that if we follow the instructions or use them as they were intended, we’ll get the outcome we desire. Unfortunately, every day people get injured by products that they thought were safe and they end up needing the services of Chicago product liability lawyers.
You may associate product defects with vehicle recalls since these seem to occur frequently. However, almost any product can have a harmful defect. Children’s toys, power tools, medical equipment, and pharmaceuticals can all be defective. They can cause a wide variety of injuries, some so serious that they result in death. When manufacturers, wholesalers or retailers put products on the market that unsafe, they can be held liable if someone gets hurt. If you believe you were harmed by a defective product, you need to seek legal counsel.
Type of Product Defects
Generally, there are three accepted ways in which products can be defective.
Sometimes products can be defective even before they’re built. That’s because there’s a flaw in the design that makes them inherently dangerous. Even when used exactly as intended, these products can be dangerous. A design flaw is often widespread since it will affect every unit that’s manufactured based on the design.
When a product is properly designed but the finished product is flawed, this is known as a manufacturing defect. These defects occur during the manufacturing process because of things like human error, faulty equipment, substandard materials.
Failure to Warn or Marketing Defects
Not only do products need to be safe in their design and construction but they must also be properly labeled. If a product has inherent dangers, users must be warned. Otherwise, the user would be at risk. Consumers should be informed about how to assemble, use, or maintain a product if it is dangerous in some way. If a manufacturer doesn’t inform the user about a known hazard, they can be held liable. Chicago product liability lawyers often advise victims to file a lawsuit against the responsible entity.
Injuries Victims Often Sustain in Product Liability Cases
The injuries that result from product liability cases vary widely since there are so many products that could be defective. However, some of the most common effects are:
- Broken bones
- Concussions due to falls
It can take a long time for victims to recover from some of these injuries. In some cases, their lives are changed forever, and they can no carry do the things they once did. Psychological conditions can also develop or worsen as victims try to come to terms with their situation. This is a lot to bear especially when what happened to you was not your fault.
Chicago product liability lawyers can’t undo what happened to you, but they can help you recover your losses. Financial compensation is intended to make you as whole as possible. Claims and lawsuits surrounding defective products can be challenging. However, your attorney will handle all the insurance issues and legal matters while you focus on your health. TorkLaw offers one free initial consultation so you can get an assessment of the strength of your case.
Products That Are Commonly Found to Have Defects
Any product can be defective. However, some items tend to come up more often than others. These include:
- Cars and car parts. Tires, seat belts, airbags, fuel systems, and other components can be defective and many product recalls involve vehicles.
- Around 48 million cases of food-borne illness occur in the United States every year, leading to about 128,000 stays in hospital and 3,000 fatalities. If food products cause illness because they are defective, a business can be held liable.
- Pharmaceutical products can also be harmful because of their design, manufacture or marketing. A defective drug can harm a large number of people.
- Industrial equipment. If a piece of heavy machinery is defective, it can harm workers in factories and warehouses or on construction sites.
Almost any entity in the supply chain can potentially be held liable if a defective product injures a user. Manufacturers may be the obvious defendants, but your attorney will investigate your case and ensure you pursue the right party. In some cases, component manufacturers, assemblers or retailers can be held responsible.
Proving Your Claim with Help from Chicago Product Liability Lawyers
If you believe you sustained injuries because of a dangerous or defective product, the burden of proof rests with you. With the help of your lawyer, you’ll have to prove that:
- The product was faulty. Naturally, since it’s a product liability case, you’ll have to prove the product was defective. You’ll have to show that it had either a design flaw, a manufacturing defect or a failure to warn defect.
- You received injuries and suffered losses. You’ll have to produce evidence and testimony that confirms that you suffered the injuries and damages you’re claiming. These can include medical expenses, lost income, mental anguish, and other losses resulting from your injuries.
- The product caused your injuries and losses. It is not enough to prove that the product was defective and you suffered injuries. You also need to show that the defective product was a direct cause of your injuries and resulting damages.
- You were using the product in the way it was intended. Very often, product manufacturers claim that consumers got injured because they used the product incorrectly. Therefore, you will have to prove that you were using the product in the correct way when you got injured.
Call the Chicago Product Liability Lawyers at TorkLaw for Help
Injury claims are often complicated but at TorkLaw, we’ve been handling these types of cases for several years. We’ll investigate your case, identify the at-fault party, and quantify your losses. Then, we’ll negotiate with the other party’s insurer to get you fair compensation. If negotiations prove futile, we’re prepared to fight for you in court. Schedule your free consultation today.