Consumers have a right to the expectation that products designed, manufactured, and sold in the stream of commerce may be utilized with a reasonable degree of safety when those products have be utilized in the manner in which they were intended.
Illinois product liability laws permit individuals who suffer injury as a result of defective products to recover damages based on a number of theories that each stem from the understanding that the designer, manufacturer and/or distributor of the product has the best opportunity to ensure that the products they sell are safe for use by the general public. Those entities are, therefore, chiefly responsible for outcomes when their products cause injury or harm.
A product liability-based personal injury lawsuit may be brought against a designer, manufacturer, and/or distributor of products or goods when a defect in the product causes harm or injury to an individual. However, several facts must be established before you bring a product liability lawsuit. Plaintiffs must demonstrate that the product's design harbored a flaw or defect and that that defect was the causal in the injury suffered (in this case, the flaw would exist in other examples of the product in the marketplace); or that the product was manufactured in a way inconsistent with the manufacturer's design (demonstrating a distinct difference from other examples of the same product in the marketplace).
A defendant manufacturer may be liable for a variety of resulting damages based on the failure to meet their responsibility by: neglect in the manufacture, distribution or sale of the product or in adequately warning consumers about specific dangers in the product's use; breach of warranty, when a manufacturer fails to comply with the terms of a guarantee in the products performance; misrepresenting the level of safety in the product's use; or simply because the product defect posed a serious hazard.
Technicalities may offer a safe haven for potential defendants in these cases, particularly when a plaintiff attempts to navigate the legal recovery themselves.
The experienced defective products personal injury attorneys at Panio Law Offices understand the nuances and intricacies of Illinois product liability laws and are able to advise and demonstrate a distinct causality in such cases. We are able to establish damages that go well beyond medical care but also lost wages, pain and suffering and more.
If you have additional questions about a possible product liability case and you need help understanding the issues at hand or filing a personal injury claim, please call (708) 928-8680. We can help.