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Defective Products – Failure to Warn


Winning a successful defective products claim can be very complex when the defect is not necessarily in the design or the production of the product in question, but in the marketing and promotion of the item.

The fact is that some products are inherently dangerous. Chainsaws, electric heaters and many painkillers are in and of themselves very dangerous products sold in the retail space every day, but if the manufacturer does not take ample steps to ensure that the consumer is made aware of their inherent dangers, they and other arms of the distribution chain could be on the hook for defective products personal injury damages.

Defective products claims based on the third legal theory of liability are based on the responsibility of the manufacturer and marketing team of the distribution chain of that product to warn and instruct the consumer about the inherent dangers in the use of that product and the proper way to use it.

Remember when laundry detergent manufacturers began producing pods years ago? They came in bright, colorful, plastic-coated globs, which to many (especially children) looked like candy consumables.  

Children began trying to eat the bright little balls and getting injured in the process. Several of the children died from their injuries. The industry began to take swift action to repackage and warn consumers of the product's inherent danger to children who might try to consume them. This is because manufacturers were held responsible for those injuries, not just because the product was unsafe for consumption, people understood that, but because the pods were packaged and presented in ways that resembled edible candies and no appropriate warnings or means to secure the pods to prevent child access was initially taken when distributing the pods.

Medication sold today offers an example of why proper instruction is vitally important when marketing and distributing inherently dangerous products. Many of the medications available today have side effects. Some of them create dangerous conditions when combined with other medications. Likewise, there are people with certain allergies who must avoid certain medications at all cost.  When warnings and instructions are not made in these kinds of cases, and the consumer suffers injuries or worse, the manufacturer and others along the distribution chain are responsible for those injuries and can be held liable in court.

Recovering personal injury damages from defective products cases can certainly be challenging when you are not familiar with the legal theories behind defective products law. In fact, some cases of defective products personal injury may involve multiple legal theories and entitle the plaintiff to damages on multiple fronts. Not understanding these subtleties in the law can cause the loss of damages to which you are fully entitled.

Call the experienced attorneys of Panio Law Offices in Chicago to secure the counsel of skilled personal injury lawyers knowledgeable in Illinois personal injury law and with a proven track record of success in these cases. Call us at (708) 928-8680 if you have questions about filing a personal injury claim. We can help!

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