Expert Advice When You Need It Most
Posted over 2 years ago. Applies to Illinois, 1 helpful vote, 0 comments
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ExamplesProduct liability cases are often in the news. The famous McDonald's hot coffee case was a product liability case. Lawsuits against car manufacturers are another example. When airbags don't open, or a wheel falls off and someone is hurt, a product liability case may follow. Another example is when a defective toy or crib severely injures a child. 2
Product must be defectiveIn order to succeed in a product liability lawsuit, you have to prove that the product that injured you was defective. There are several different types of defects to consider. A product can have a design defect, which is an inherent flaw with the way the product was planned even before it was made. Or a product could have a manufacturing defect, meaning that something in the manufacturing process went wrong and left the product defective. There are also marketing defects, which are defects in the way the product is labeled. An example of a marketing defect would be insufficient safety instructions or warning labels. 3
Unreasonably dangerousIn most cases, after you prove that the product was defective, you have to prove that the defect made it "unreasonably dangerous." Keep in mind that the product has to be unreasonably dangerous when used as it was intended, or at least in a way that the manufacturer could have predicted. If you get hurt while using a power saw to cut the wrong type of material, you may trouble arguing that it was the manufacturer's fault. 4
Attorneys don't take every caseProduct liability cases are expensive. Companies defend against these claims aggressively, and there are many costs involved, including experts to evaluate the potentially defective product. For these reasons, attorneys tend to only pursue cases that involve a significant injury. Otherwise, there is no way to recover enough damages to cover the costs of litigation. Additional ResourcesIf you or someone close to you has been harmed by a product and you're wondering if you have a good case, give us a call. We'll help you find an experienced attorney who can help. Related Questions4 Attorney answers: 
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