When you use a product, you don’t expect it to harm you when you use it as intended. Yet, millions of people are injured every year due to defective products. If you were injured by a defective product, an experienced Geneva product liability attorney can help.
At Feagans Law Group P.C., we advocate for individuals injured by defective products. We help identify the parties responsible for their injuries and estimate how much compensation will help make you whole after an accident. Contact us today to speak with an experienced lawyer for a free, no-obligation case review.
How Our Product Liability Attorneys Can Help
Product liability cases can be complex. They often require an in-depth understanding of mechanics, science, and other complicated topics, along with a thorough understanding of product liability laws. An experienced product liability attorney can help by:
- Investigating the accident, preserving evidence, and collecting evidence to determine how the accident happened
- Consulting with engineers and other technical experts who can explain how the product was unsafe
- Gathering evidence regarding the manufacturing process and any mistakes that occurred during it
- Collecting medical records, wage loss statements, and other evidence showing how your injuries have affected you
- Handling insurance claims and managing legal claims
- Negotiating with insurance companies for maximum compensation
You can count on our skilled Geneva personal injury attorneys to guide you through the legal process. Call us today for a free consultation to learn more about your legal rights and options.
What Is Product Liability?
Product liability refers to the legal responsibility of parties who place a dangerous product in the stream of commerce. Consumers have the right to expect products to be safe and function as intended. When these expectations are not met, product liability laws provide a pathway for injured victims to hold manufacturers responsible and seek compensation for the injuries they’ve suffered.
Types of Product Defects
Product defects generally fall into one of the following three categories:
- Design defects – these occur when a product is inherently dangerous because of its design. Nothing goes wrong in the manufacturing process, but some problems in the design make it unsafe for consumers to use the product as intended.
- Manufacturing defects – A manufacturing defect occurs when there is a problem during the manufacturing process that makes one or a batch of products not produced according to specs. Machinery malfunctions, human error, and inadequate quality control measures can cause such issues.
- Marketing defects – A marketing defect occurs when a product has insufficient instructions or warnings so that it is not safe to use.
Common Defective Products
Any product can potentially be defective. Common examples of defective products include:
- Appliances – Defective designs and manufacturing flaws can cause fires, electric shock, and other unacceptable hazards that pose a risk to consumers.
- Automotive products – Tires can blow out, airbags can fail to deploy, and brakes can become prematurely worn, which can cause deadly accidents.
- Children’s products – Every year, children are injured or killed due to defects in cribs, car seats, toys, and other products. These products can cause choking hazards or fail to protect children using them.
- Cleaning products – Household cleaning products can be hazardous if they do not contain proper warnings. They could cause chemical burns, poisoning, respiratory problems, or other health issues.
- Electronics – Phones, laptops, chargers, and other household products can overheat, explode, or pose other dangers to unsuspecting consumers.
- Home improvement products – Insulation, paints, adhesives, and other home improvement products may be dangerous when they have inadequate warning labels.
- Medications and medical devices – Medications can cause unsafe side effects or be contaminated. Defective medical implants can erode, requiring surgery to remove and prevent further harm.
- Power tools – Drills, saws, and other tools may have defects such as a lack of safety guards, faulty electrical systems, or malfunctioning switches that cause serious injuries and electrocutions.
Drivers can purchase additional insurance to protect their personal assets. Our Geneva car accident lawyers can identify all possible legal avenues for financial recovery.
Potential Damages in Product Liability Cases
Dangerous products can cause head injuries, amputations, electrocutions, broken bones, and other serious injuries. Through a product liability claim, you can seek compensation for:
- Medical expenses for hospital bills, surgeries, rehabilitation, diagnostic tests, and future medical costs
- Lost wages, future earnings, and reduced earning capacity for time you missed from work due to your injuries and disability
- Pain and suffering for the physical discomfort, emotional distress, and mental anguish caused by injuries
- Loss of consortium for your spouse who suffers by not having your companionship, affection, or support
Legal Theories in Product Liability Cases
Illinois product liability victims may be able to pursue legal claims based on various theories, such as:
- Strict liability – Under a strict liability claim, a manufacturer or seller is liable for a product if it was determined to be defective and caused an injury. Because this legal theory doesn’t require showing the manufacturer was negligent, it’s easier to hold the manufacturer responsible.
- Breach of warranty – If the product manufacturer made an express or implied warranty about a product’s safety or usability, you could have a breach of warranty claim.
- Negligence – For this type of legal claim, you must show the manufacturer or seller failed to exercise reasonable care in designing, manufacturing, or warning about the product’s dangers.
Who Can Be Held Liable in a Product Defect Case?
Any party involved in the stream of commerce can potentially be held liable for a defective product’s harm, such as:
- Manufacturers – Manufacturers of the final product or components could be held liable when a defect occurs during the manufacturing process.
- Designers – If the product was defective based on its original design, the product designer could be liable for resulting injuries.
- Distributors – Wholesalers, suppliers, and distributors can also be held liable in product liability cases. Product liability laws try to simplify the process for injured consumers, potentially allowing them to hold anyone in the stream of commerce responsible for their injuries.
- Retailers – Retailers selling dangerous products directly to consumers can be legally liable for defects.
An experienced attorney can review your case and identify all potentially at-fault parties.
Contact Our Skilled Product Liability Lawyers for a Free Consultation
If you were injured due to a defective product, contact Feagans Law Group P.C. for a free case review to explore your legal rights with a Geneva product liability attorney.