When someone is hurt while using a product that left the manufacturer's hands in a dangerous condition, they may be able to recover the resulting damages from the responsible party in a products-liability-based personal injury suit. The law of product liability is based on the obligation of a manufacturer or other provider to compensate the victims of injuries that were caused by defective or dangerous goods it introduced into the commerce stream. Products liability law assumes that companies offering the goods are in the best position to prevent faulty products from entering the market. If they fail to do this, they should be held responsible.
An experienced injury lawyer can assist injured people in determining whether they have a case against a seller or manufacturer of products and help them to recover any damages.
Products liability law evolved from "caveat-emptor" (let buyers beware) to "strict liability" in cases where manufacturers are liable for injuries caused due to their defective or unreasonably hazardous products. However, personal injury plaintiffs still have a job. The plaintiff (injured person) must show, among other things, that the product was defective in design or manufacturing or that the manufacturer failed to warn consumers of the potential dangers. They must also prove, using relevant and credible evidence, that the product caused injuries and that they were using it as intended.
Design defects are often easier to prove than manufacturing defects. A consumer-purchased gas fireplace exploded when it was first lit by it, and it was not made as the designer intended. If several fireplaces manufactured by the same manufacturer pose a danger of explosion, a design defect case could be filed. A design defect is a case where technical decisions are made, and expert testimony is required. A design defect case involves a product manufactured precisely as intended but poorly designed to present unreasonable risks to consumers. It can be rough for a plaintiff to confirm that the product was defective when it was sold or manufactured by the defendant. The plaintiff must usually prove that the product defect played a significant role in the injury's occurrence, even if multiple causes could have caused the injuries.
In a case involving product liability, several legal theories could be used. These include negligence (lack or unreasonable care in the manufacturing or sale of the product or in warning consumers about it), breach of warranty, misrepresentation (giving consumers false security about a product's safety), and strict liability (in which the product's defect, though not the fault, made the product unreasonably hazardous and the defendant is responsible). There is no limit on the products that can be the basis for a product liability suit. However, apparel, chemicals, cosmetics, and firearms are some of the most common products.
People injured by defective or dangerous products should seek the advice of seasoned veterans in personal injury and product liability law to help them navigate the legal system towards the best possible outcome. They can also help you recover the maximum amount allowed by law.
Drills, air compressors, and nail guns make it easier to do home and work repairs. However, they can be dangerous if they aren't used correctly or if the tool is defective. The Downers Grove personal injuries law firm has extensive experience helping victims of faulty devices protect their legal rights through product liability lawsuits.
Three ways a tool could be deemed defective in a product liability claim:
Certain occupations use machinery and tools, such as warehouse and factory workers, construction workers, and trucking/shipping workers. Workers' compensation may be available through their employer if a worker is hurt on the job due to a defective tool. An injured worker can seek compensation for lost wages, medical expenses, and other benefits under the Illinois workers' compensation laws.
Law offices of Paul J Fina, is a Downers Grove-based personal injury attorney who represents and advises injured parties in personal injuries, product liability, and workers' compensation cases. We can help you assess the extent of your injuries and damages if you are injured by a defective product and determine if you have a legal claim. We are skilled Illinois personal injury litigators and can help you pursue your legal claims in court to get a favorable result.
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