People who are injured by a defective product may be able to pursue a civil suit against the product manufacturer to receive compensation for their injuries, medical expenses, and lost wages. This is known as a product liability suit, and it uses a legal doctrine called strict liability, or liability without fault. A victim of an accident or injuries must show that the injuries were caused by a defect in the product at the time it left the hands of the manufacturer in order to recover compensation.
There are three main theories that are used to recover compensation in a product liability suit:
- Manufacturing defect – the product was manufactured in some way that it failed to meet the product specifications and this caused the injury or accident;
- Design defect – the product was manufactured consistent with the specifications, but there was a defect in how the product was designed that resulted in the accident or injury;
- Failure to warn – the product had a dangerous feature, but the manufacturer failed to properly warn the epxected users of the product about the danger.
Product manufacturers take product liability suits very seriously, and you should not expect that you will be able to reach an out-of-court settlement with them for anything more than “nuisance value.” The reason for this is that product liability suits call into question the safety of large numbers of products and a successful product liability suit can result in many claims being made against the product manufacturer. These are also very complex and expensive suits to file, so we strongly recommend hiring an experienced Chicago personal injury lawyer to assist you.
IMPORTANT WARNING: In the event that you are injured by a product, you must be sure to preserve the remains of the product in the condition it was in at the time of the injury. This means that you should not throw out the remains of the product or try to repair it. The product must be preserved in the condition it was in at the time of the accident. Failing to do so can result in the dismissal of a product liability suit.
We are available to help victims of accidents and injuries and their families in a number of different kinds of product liability suits, including cases involving:
- Dangerous drugs and prescription medications;
- Dangerous and defective medical devices and equipment;
- Dangerous children’s products;
- Dangerous and defective exercise and recreational equipment;
- Dangerous and defective autos and other motor vehicles;
- Dangerous and defective industrial equipment; and
- Dangerous, tainted, and unsafe food products.
Product liability suits are complex, expensive cases to pursue, and you should not attempt to pursue one without having the help of an experienced Chicago personal injury lawyer.