Although people use manufactured all the time in their daily lives, that, unfortunately, does not mean they are always safe to use. Sometimes those products are defective and cause serious injury to the person using that product. When this happens, those responsible for the defect can be held liable for paying compensation to injured individuals for medical bills, lost income from missed time at work, and other damages both objective and intangible in nature.
There are many issues involved in any defective products case which a qualified personal injury attorney could help with. However, large companies named in a lawsuit have their own teams of lawyers which, in an effort to avoid having to pay compensation, may try on behalf of their employers to place the blame on the accident victim. You could retain an ally to help you fight against these attempts by speaking to a defective products lawyer about your case.
Cases that involve defective products fall under the umbrella of product liability law. In Chicago, Illinois, manufacturers are responsible for ensuring that consumers can use their products safely. If they fail to do so and a customer suffers injury as a result product liability law can help those injured claim compensation to help them with their injuries.
In order to have a valid product liability case, the injured party filing the lawsuit must be able to prove that they were using the product in the way it was intended. For example, if someone opens a laptop’s case in a way the packaging or instructions specified was dangerous, they may not have a valid claim if they are injured since they did not use the product properly.
If, however, that same person followed the manufacturer’s guidelines and still became injured, they may have a valid claim. A defective product lawyer in could review any case and determine if the injured party has a valid basis for a lawsuit.
One issue that is often present in defective products cases is breach of warranty. This term can be confusing to some because it does not refer to the warranties that often come with products. Instead, a breach of warranty in defective product cases refers to when a product is not safe to use even though a company states that it is.
In these instances, the manufacturer could be held liable under the doctrine of strict liability. According to strict liability laws, the injured party does not have to prove that the manufacturer was negligent, only that there was a clear defect with the product.
Anyone that handles, stores, or sells a product is responsible for ensuring that the product is kept safe and does not develop any defects while it is in their care. This chain of potentially liable parties may include the manufacturer, the designer, distributor, and the retailer.
For example, a food manufacturer may create a line of perishable products and have them shipped to a retailer. If the distributor, such as a trucking company, did not ensure that the food was stored in the right conditions while it was on the road, it could become tainted and make people sick. In this case, the distributor would be liable for the defective product, not the manufacturer.
It can be tricky to identify liable parties in defective product claims, but an experienced defective products attorney could help identify who was responsible for a defect and work to hold them liable for paying compensation.
Whether it is the manufacturer, distributor, retailer, or another party that is liable, the chances are good that the defendant in a defective products case will be a big company with teams of lawyers fighting to prevent them from having to pay compensation. This can be an intimidating challenge for individuals to face on their own, not to mention a difficult one to fight successfully in court.
Fortunately, a defective products lawyer could help you take on the big companies in court. They could fight any defense liable parties create and pursue fair compensation on your behalf. If you were injured by a defective product, speak to an attorney today who could help you with your case.