Reviewing the Law

PRODUCTS LIABILITY (PRODUCT DEFECT OR FAILURE)

Each year, hundreds of people are injured because of unsafe and dangerous products. These people might not be aware that they could be entitled to compensation. Companies can be held liable in cases where a defective product causes an injury. The law in Illinois states that companies may be liable for injuries if a product was defectively designed, improperly manufactured or an inadequate warning label was present and did not warn a person about the poorly designed or improperly manufactured product. 


For a free consultation with attorney Eryk Wachnik, call our law office today at 847-892-5060. All claims are time sensitive. Call today!

 
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BASICS OF PRODUCT LIABILITY LAW

In a product liability case, a vendor, retailer, distributor, producer or manufacturer can be held legally responsible for an injury if its product injures someone. All people and entities in the chain of distribution of a product can potentially be held responsible.  There are two legal theories, negligence and strict liability, that an injured person can pursue if he or she is injured by a defective product. This area of law is very complex and depends on the nature and circumstances of your injury and case.

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PRODUCT LIABILITY - NEGLIGENCE

When pursing a products case in a theory of negligence, an injured person must prove that the defendant, a vendor, retailer, distributor, producer or manufacturer owed him a duty; that it breached that duty; that the breach of the defendant caused the injury and that such was foreseeable; and lastly, the plaintiff must prove damages, meaning that he suffered a compensable injury.

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PRODUCT LIABILITY - STRICT LIABILITY

Under a theory of strict liability, a plaintiff must prove: (1) their injury resulted from a condition or defect of the product manufactured or sold by the defendant; (2) that the condition or defect was unreasonably dangerous; and (3) that the condition or defect existed at the time the product left the manufacturer’s control. 


Generally, there three types of strict liability product defects:


  • Design defects (those defects which are inherent to the design of the product – the plaintiff must prove that there was a reasonable alternative design which would have been safer).

  • Manufacturing defects (a mistake in the manufacturing or assembly of the product which deviates from its original design).

  • Defects in marketing or warning (this occurs when there is no warning label present or the warning label which was present was insufficient to properly warn the consumer about the risk.

If you or someone you know have been injured by a defective product, call Wachnik Law LLC today. We will be relentless and aggressive in protecting your rights and fighting for your rights and maximum recovery. We will get you compensation for your past and future medical expenses, lost income, pain and suffering, emotional distress, loss of consortium and fight for punitive damages, where appropriate. We have experience fighting the corporations and insurance companies and we will get you the compensation you deserve for your injuries. For a free consultation with attorney Eryk Wachnik, call our law office today at 847-892-5060. All claims are time sensitive. Call today!