Product liability can be claimed if you suffered injuries while using a product. Product liability can arise if the product defect caused injury, harm or loss while using the product as instructed. According to the Illinois Code of Civil procedures (735 ILCS 5/13-213), using the strict liability theory, a plaintiff does not need to prove anything if the product was defective and caused injury. They only need to show a product was defective, caused an injury and was being used as intended. Because a defendant or seller may not fully accept their product was defective, consulting an experienced personal injury attorney can help navigate the lawsuit and seek compensation and related damages you deserve and need.
Assessing if a Product is Defective
When filing a personal injury claim or product liability, proving a product is defective is one of the most difficult parts. A product can be defective if there was a manufacturing error and the product turned out to be flawed during the manufacturing process. Other forms of defects include the design itself being dangerous, making it highly unreasonable or difficult to use. Lastly, a product can also be defective if there was no warning present on the product to warn the user about its inherent dangers. Some product liability examples are small toys with magnets in them, which can be harmful to children if they chew them or if there is no warning label explaining how hazardous a product is.
Assessing Harm and Injury
The injury must be visible when a product liability is claimed. If a personal injury was caused during a car accident, faulty airbags, non-functioning sensors, or overspending due to internal software can be a cause to seek product liability. All products should provide protection to users, rather than cause an injury.
Injury Despite Using the Product as Intended
It is important to follow instructions when using a product. One example is a mobile phone exploding and causing an injury because the battery overheated, despite it being used as intended. If the phone was overcharged, a product liability claim may be hard to claim. Many businesses seek product liability insurance to seek relief from such claims where an injury occurred while the product was used as intended. In some cases, the seller - rather than the manufacturer, can be held accountable for the way a product was stored before it was sold, or if alterations and modifications led to an injury.
If you wish to learn more about product liability and personal injuries, feel free to schedule a consultation. Contact I Am Calling My Lawyer at (312) 621-6114 to talk to an experienced personal injury lawyer.