If you have been injured by a defective product, you may be eligible for damages. Manufacturers have a legal responsibility to ensure that the products they sell are safe for public use. If you have suffered a personal injury as a result of a design flaw or manufacturing defect or because appropriate disclaimers outlining the potential hazards of a product were not provided, you can file a defective product claim against the liable parties. If your claim is brought to court, our Chicago and northern Illinois product liability and defective product lawyers have the experience and knowledge needed to recover fair and just financial compensation for your injuries.
Product liability cases do not necessarily require proof that a negligent act has occurred; rather, manufacturers are held to a standard of strict liability. If the product that was sold can be proven to be different in some manner from the original design, and if that difference has made the product unsafe, the manufacturer of the product is liable. It may also be possible to bring a product liability case against a company if there has been a breech of contract, meaning that the company did not deliver a product or service as promised. To learn more about product liability cases or to schedule a case review with our lawyers, contact our personal injury firm today.
If a product is inherently dangerous because of its original design, a defective product claim can be brought against the company that designed it. Design defect cases are often related to “failure to warn” cases, as a dangerous product could potentially be safe given strict and proper usage guidelines. Nonetheless, some products with adequate warnings have been brought to court under the design defect theory; one example is cigarettes, as their manufacturers were successfully sued even though the federal government mandates that all cigarette packaging prominently display warnings about the risks of smoking.
If you have been injured by a product that is dangerous as a result of a design defect, a consultation with our Chicago and northern Illinois product liability and defective product lawyers can help determine whether you have a case. Contact McArdle Frost today to schedule a free case review.
A manufacturing defect occurs when a product differs in some manner from the intended design. This outcome could be the result of the materials used or a change made in the adaptation of the design from paper to an actual product. If a faulty part or material results in a personal injury or wrongful death, the manufacturer of the product is strictly liable for any damages resulting from the injury. A strict liability case can exist even if the manufacturer acted reasonably and with sound judgment. The basic premise of strict liability is to judge not the behavior of the manufacturer, but rather the product itself.
In a manufacturing defect case, our product liability and defective product lawyers may seek punitive damages against the manufacturer of the dangerous product on top of any damages relating to hospital bills, loss of wages, and pain and suffering.
At McArdle Frost, we believe that manufacturers and business entities have a strict responsibility to sell products that are safe for the public, and we will take whatever means necessary to persuade companies to abide by this standard if they sell unsafe products.
Companies are required to place warning labels on their products if there are significant risks associated with them. These may include warnings relating to flammability, sharp points or edges, chocking hazards, or toxins. Manufacturers may also be obligated to provide disclaimers on the dangers of inappropriate usage.
A party can file a “failure to warn” claim against a company even if the product was being used incorrectly when the injury occurred as long as the incorrect use was foreseeable by the manufacturer or designer and not mentioned in warning materials. For example, even if the top step of a ladder isn’t designed to support the weight of an individual, it is likely that without a disclaimer warning of such a risk, users of the ladder may attempt to stand on the top step anyway.
If you have suffered an injury because a designer or manufacturer failed to provide a warning on the potential risks of a product, you may be eligible for damages.
If you have additional questions regarding product liability, or if you would like to schedule a free consultation with our Chicago and northern Illinois product liability and defective product lawyers, contact our office today.