Like medical malpractice, “slip and fall,” and motor accidents, product liability is a unique facet of personal injury law. Any time a product causes undue harm to a consumer—from medication to recreational equipment—the injured party can file a claim to seek compensation for their injuries.
In fact, certain stipulations of product liability law, such as strict liability, make it easy for claimants to get the money they deserve.
Product liability is the branch of personal injury law that handles accidents that result from product defects. Typically, these fall into one of three types: design defects, manufacturing defects, and marketing defects. That is, either the product was dangerous before it was manufactured, was improperly produced, or marketed to be safer than it actually was.
Either way, once a product liability claim is filed, the court is already on your side: the burden of proof falls on the defendant to show that proper use of their product would not cause the injury in question.
History has shown that almost anything can be used as a weapon. So it’s not sufficient that the product caused an injury, you must demonstrate that the product does not meet the expectations of an average consumer. This can be more difficult in the case of weapons, like guns, which are obviously expected to cause bodily harm even when used according to manufacturer specifications. In Illinois, there is also a statute of limitations on product liability cases so filing a claim in a timely manner is crucial.
Once a defect has been established, liability can fall on any of multiple parties in the design and marketing, manufacturing, and supply chain process. A common defense in product liability claims is the failure to determine a liable plaintiff for the suit. For example, product manufacturers may claim that a distributor or store altered the product to render it defective. However, in cases where strict liability applies, plaintiffs can claim even when negligence is not demonstrated.
Although product liability cases favor the plaintiff relative to other personal injuries, it is important to consult an expert to help you get the money you deserve. Our expert legal team can guide you through the claims process and defend your rights. Contact your Chicago area personal injury attorney at I Am Calling My Lawyer.