Springfield Product Liability Lawyers

What Is Product Liability?

Product liability is the area of law that may hold the designers, manufacturers, assemblers, and/or retailers of a product liable for injuries caused by defects in that product. If you were injured while using a product because that product was poorly designed, manufactured with flaws, or lacked appropriate warnings, then you should speak with a product liability lawyer. When there is evidence that the product was defective and this defect was responsible for causing you harm, then you may have the right to file a product liability lawsuit and pursue compensation for your physical, psychological, and financial injuries.

Illinois’ product liability law is based on statutes as well as derived from previous court cases regarding defective and dangerous products. Because product liability laws are complex and nuanced, it is essential that you work with an experienced attorney when you believe a dangerous product is responsible for your current condition and you are interested in seeking compensation. Our Springfield product liability lawyers will carefully review your circumstances, determine the type of defect, and advise you on the strongest legal theory to base your claim on, such as negligence or strict liability.

What Does Product Liability Cover?

Product liability claims can relate to any type of product, from the food you purchase at a grocery store to the car you drive. However, while any type of product can be defective and dangerous, products are typically defective in one of three ways:

• Design Defects: When a product is defectively designed, the intended product is not as safe as it could and should be. Because the product is inherently dangerous or risky, it is likely to cause consumers harm when used as intended.
• Manufacturing Defects: A manufacturing defect means the final product does not match the intended design. Some flaw within the manufacturing process created a defect in the product, which can cause the product to be dangerous to use as intended. A common manufacturing defect is lack of sterilization for medical products.
• Warning/Marketing Defects: Certain types of products are inherently risky even when designed and manufactured for maximum safety. Power tools and machinery are common examples. To ensure product users handle the product as safely as possible and use it as intended, the product should come with the proper warnings and instructions. Products that lack necessary warnings and instructions may be considered defective.

If you are injured by a dangerous product, and you believe a design, manufacturing, or warning defect is responsible, call a defective product lawyer for help.

Types of Product Liability

There are different legal theories you can use to prove a manufacturer, retailer, or other party is liable for your injuries when suing for a defective product. These different legal theories each require you to prove different elements. You may not be able to prove one theory of liability, but you may be able to establish another. This is why it is essential to speak with a Springfield product liability lawyer and defective product attorney. An experienced lawyer will investigate your circumstances and advise you of the strongest basis for a product liability claim.

Product liability cases may be based on:

• Product Liability Negligence: Under a theory of negligence, you are claiming that the defendant, which owed you a duty of care, did something wrong and caused your injuries. The elements you must prove include a) the defendant, whether it is the manufacturer, retailer, or another party, owed you a duty of care; b) the defendant breached that duty of care; c) that breach of care directly led to your injuries and your injuries were foreseeable, and d) you suffered injuries for which you can be compensated for.
• Strict Product Liability: Under a strict liability claim, you are not arguing the defendant did something wrong. You allege that under the law, they are automatically responsible for injuries caused by their defective product. The elements of a strict product liability claim are a) your injury resulted from a condition of the product that was manufactured or sold by the defendant; b) that condition was an unreasonably dangerous one; and c) that condition existed at the time the product left the manufacturer’s control.
• Product Liability Breach of Warranty: When a business advertises and sells a product, it makes certain explicit and implicit claims. An explicit warranty may be one stated in a contract or through other oral or written representations. An implicit warranty may be one required by law, such as the implied warranty of merchantability. You must establish that a) there was an implied or express warranty; b) the defendant breached that warranty; c) the breach of warranty led to your injuries, and d) you suffered compensable injuries.

Right now, you likely do not know how the law holds the manufacturer or seller responsible. You may simply be confident that a product caused you harm and someone should be held responsible. We agree and recommend you contact our Springfield product liability lawyers to discuss how the law treats manufacturers and sellers when defective products cause consumers harm.

Commonly Defective Products

At Staver Accident Injury Laws, P.C., our experienced dangerous product lawyers often handle claims arising from:

• Typical Household Items Defects
• Contaminated Food and Beverages
• Equipment Defects
• Machine Defects
• Dangerous Pharmaceutical Drugs
• Dangerous Medical Devices
• Defective Vehicles and Parts
• Dangerous Children’s Toys and Products
• Dangerous Swimming Pools