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What Is Involved in a Personal Injury Claim Concerning a Defective Product?

 Posted on October 28, 2020 in Defective Products

IL injury lawyerMost people assume that items purchased from a retail store or online retailer will work the way they are intended to and will not cause them harm. While this is true for the majority of consumer products, there are times that a defective or malfunctioning product causes a consumer to be injured or even killed. If you were hurt or you have lost a loved one and you suspect that a defective product is to blame, you may be entitled to financial compensation.

Product Liability Basics

Products may contain three main types of defects under Illinois product liability law:

  • Design defects: A design defect occurs before a product is manufactured. The inherent design of the product may be flawed in some way that makes the product dangerous – even when it is used as intended. A design defect will be present in an entire line of products.
  • Manufacturing defects: A manufacturing defect occurs when something goes wrong during the manufacture or construction of a product. The defect may only affect some of the products.
  • Inadequate consumer warnings: “Failure to warn” defects stem from a product containing inadequate warnings about potential hazards or insufficient instructions on how to the product safely.

If a defective product leads to someone’s injury or death, the company responsible for the defect may be liable for the harm caused by the defective product.

Proving a Defective Product Harmed You or a Loved One

There are two main legal theories that may be used to prove liability for a defective product.

  • Negligence: If you are bringing a product liability case based on an allegation of the defendant’s negligence, you and your attorney will need to prove that the defendant had a duty of care, the defendant breached that duty of care, the breach led to your injury and that the injury led to damages.
  • Strict Liability: If you are bringing a product liability claim under Illinois’ strict liability theory, you and your attorney will need to demonstrate that your injury was a result of an “unreasonably dangerous” defect in the product’s design, manufacture, or marketing.

Your attorney can help you understand the legal strategy appropriate for your particular case. Through a product liability claim, you may be entitled to compensation for the costs caused by your injury or your loved one’s death. These may include medical expenses, lost income, lost financial support, funeral and burial costs, pain and suffering, and more.

Contact a Waukegan Product Liability Lawyer

If you or a loved one were hurt by a defective product, contact Salvi & Maher, L.L.C. to discuss the possibility of bringing a product liability claim and pursuing damages. Call us today at 847-662-3303 and schedule a free, no-obligation case assessment with a Lake County personal injury attorney from our firm. We take product liability cases on a contingency fee basis and there are no upfront legal fees.



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