Every year, thousands of Americans suffer injuries from using dangerous or defective products. Consumers should not have to be concerned about the safety of a product when they use it normally, which is why product manufacturers and sellers may be held liable for their products if one causes unexpected harm to others.
A Will County defective products lawyer may be useful in determining whether you have grounds for a product liability claim. Not only could you potentially receive compensation for your injuries resulting from usage of a defective product, but you also can make other consumers aware of the dangers of using that product.
Taking the step to hold product manufacturers, distributors, and retailers accountable for the defective products that they place on the market could save other members of the public from sustaining injuries from using these products. With the assistance of a dedicated attorney, you may be able to recover damages from your losses, depending on your circumstances.
Types of Product Defects
A product liability claim can arise from any type of defective product. These defects generally fall into one of three different categories:
- Design defects – the design of a product is inherently defective
- Manufacturing defects – a manufacturing or assembly error causes the product to deviate from its original design and contain a defect
- Marketing defects – a manufacturer or seller fails to adequately warn of potential dangers arising from product usage
Proving the existence of one or more of these defects in a product is essential to maintaining a claim for product liability based on a product defect. A Will County defective products lawyer may be able to assist injured consumers in providing evidence of the defect in a product that led to their injuries.
Legal Grounds for Product Defects
Product liability claims based on defective products are based on one of two legal theories: negligence or strict liability. To bring a successful negligence claim, injury victims must prove that:
- The product manufacturer has a duty to create safe products
- The product manufacturer breached that duty
- The breach in duty foreseeably caused injury to the victims
- The victims suffered compensable injuries
All product manufacturers, assemblers, distributors, and any other company or person along the chain of distribution of a product could potentially be liable for the injuries that result from usage of a defective product. Those who are responsible for the creation of the product owe a duty of care to those consumers who purchase a product, as well as their families and others who hold or lease the product from the original purchasers.
Another potential basis for a product liability claim involving a defective product is strict liability. Under this legal theory, a product manufacturer is responsible for defective products used for their intended purposes that caused injuries to consumers, posed an unreasonable danger, and existed at the time that the product left the control of the manufacturer. A Will County defective products lawyer may be able to prove liability for a defective product using either negligence or strict liability as grounds for the claim.
Damages in Defective Product Claims
When consumers suffer injuries from defective products, they may be able to recover compensation from the product manufacturer and other parties for their injuries. Compensable damages can include medical expenses, hospitalization costs, emergency medical care, and rehabilitation expenses. For individuals who are unable to work temporarily or permanently because of their injuries, lost wages and a loss of future income or earning capacity also could be included in a settlement demand or lawsuit.
Aside from purely economic damages, injury victims also may be entitled to compensation for non-economic harms. These damages can include intangible losses like emotional distress and mental anguish, pain and suffering, and loss of enjoyment of life.
Seek Counsel from a Will County Defective Products Attorney Today
Defective product claims can be complicated and may require a very technical understanding of the manufacturing and assembly process for a particular product. If you suffered injuries from using a product normally, you may wish to seek counsel from a Will County defective products lawyer right away.
There are time limits under state law for bringing product liability claims. Therefore, it may be in your best interest to get legal advice as quickly as possible after your injuries occur, if only to assess the viability of any claims that you may have. To get started on your case, call today to schedule a consultation.