Defective Products Personal Injury – Understanding Responsibility
Defective products personal injury claims can prove quite confusing for the average consumer today. Understanding the manufacturer's responsibility in providing consumer products to the buying public is often key in helping to determine if you have a valid defective products claim.
Also, understanding that the manufacturer may not be the only responsible party when a product causes undo harm or injury is very important. Knowing who is involved in the chain of custody from manufacturer to retailer and what each role's responsibility to the consumer is may be the first step to identifying responsible parties in a defective products claim.
There are three distinct types of defective products personal injury claims:
- Defective Manufacturing of a Product
- Defective Design of a Product
- Failure to Warn
The third type, Failure to Warn or Instruct, is sometimes overlooked by consumers when use of a product causes harm. These kinds of claims typically involve a product that is inherently dangerous and requires special caution or instructions for safe and proper use.
Manufacturers are required to provide adequate warning of the risks involves in using any such product and instructions on just how to avoid the inherent dangers involved.
Take, for instance, a portable hair drier. Manufacturers are required to place adequate and visible warnings on the product due to its propensity for high heat when in use and its capacity for causing electric shock when introduced to water.
If such warnings are not made on the product, its packaging and, in some cases, its marketing, and an individual is hurt while utilizing the product, the manufacturer, distributor and even marketers responsible for getting the product into the hands of consumers could be held liable for damages.
For obvious reasons, medications must, by law, be distributed and sold with appropriate warnings (i.e., side effects, interaction dangers, etc.), so that consumers may be aware of the dangers inherent in their use. Without those warnings defective products claims are quite possible (and indeed likely).
These kinds of cases cause a significant amount of confusion as to not only liability but also the kinds and amounts of damages involved.
Anyone injured by a defective product should certainly consult a practiced personal injury lawyer like the experienced attorneys of Panio Law Offices. We understand Illinois personal injury law and the kinds of damages consumers are eligible to receive when a defective product causes injury or harm.
If you have are interested in consulting with one of our experienced personal injury attorneys about a defective products injury, please call our offices at 888.799.7561. We can help.