CHICAGO, IL – Research from the U.S. Consumers Product Safety Commission indicates manufacturer defects cause 29.4 million injuries and 21,400 death each year in the United States. Frequent sources of deadly products include automobiles, medications, business construction equipment, lawn sprays, home building components, and more.
Types of Manufacturer Defects that Can Lead to Claims
When identifying whether or not you may have a product liability claim, it’s important to understand there are three broad categories for which defendants can be held liable for personal injury or other damages.
Manufacturing Defect Cause of Action
These are these most frequent types of product liability claims. These are the most common types of claims. This is a type of defective product that was not intended. This assumes the design of the item was reasonable and safe, and the manufacturer deviated from the safe design and produced the good in a defective manner.
Imagine your riding down the street on your moped. You go to brake and realize the brakes are missing and suddenly crash and hurt yourself severely. This is an example of a manufacturing defect, or product liability claim.
Design Defects and Liability Claims
A defective product may enter the stream of commerce because its defectively designed. A defective design means that the product was manufactured correctly, but that there is something in the way the product is designed that makes it dangerous to consumers.
For example, a chair designed with only three legs might be considered a defectively designed product because it tips over too easily.
Failure to Warn Product Liability Claims
Failure to warn in a products liability case is the legal liability that can attach when a product manufacturer doesn’t adequately instruct consumers about how to use their product correctly.
For example, a match book would not be required to come with a warning stating that the matches may start a fire; however, an automobile manufacturer would be liable for failing to warn that the seats in the car might collapse if the driver was overweight.
Determining Liability in a Product Liability Accident
After you and your legal counsel determine what is to be a defective product, you should discuss the parties who can be held responsible for the defective product: the manufacturer, the owner, or the seller.
Manufacturers: Manufacturers can be held liable for a product(s) that contain a flaw in their manufacture or design. This must occur under their control. The defective manufacturing must render the item defective before any use by the consumer for the adequate claim to succeed.
Owners: On occasion, the product defect can be exacerbated by unsafe, unreasonable, or negligent conduct. If someone recklessly used a defective product, you could potentially sue that person and include them in your cause of action against the defendant in your product liability claim.
Sellers: Whoever sold you the defective product could face scrutiny in a similar claim. They must have known about the defective condition, design, instructions, or label prior to the sale and accident for you to succeed in a legal claim.
Talk to a Product Liability Lawyer in Illinois About Your Recovery Today
The attorneys of the Dinizulu Law Group help personal injury victims every day. Our firm has the knowledge, resources, and skills in order to help you hold those responsible liable for your injuries. To receive a free consultation today, please call us at (312) 384-1920 or visit our website for additional information.