If you have ever been hurt or injured as a result of using a product, you may have had a defective products personal injury claim. Products liability laws protect consumers from dangerous products on the market when those products are presented with “defects” in three distinct ways: defective design; defective manufacture; failure to warn.
If you are aware of the legal theory behind these categories of products liability, you will better understand whether or not you have a valid claim and how to pursue it. This blog post will help to identify each of the legal avenues to pursue damages under products liability law.
Defective Design: Products which possess an inherent design flaw that present a danger to the general public fall under the category of defective design. These products generally present a danger because of a consistent flaw or defect that is included in the intended design of the item. So the flaw in question would not be relegated to just one or two examples of the item, but would be indicative of the vast inventory of the item on retail shelves or in circulation. Products that are recalled by the manufacturer are examples of this. And these kinds of defects sometimes give way to class action law suits representing those harmed by the products.
Defective Manufacture: Products with manufacturing defects are different from those with design flaws in that they contain flaws inconsistent with the manufacturer’s design. They were defectively produced or there was a flaw that developed in the product’s makeup during or after the manufacturing process.
Examples of this are packaged foods that contain glass or even tainted ingredients, again inconsistent with the intended design of the product in question.
Failure to Warn: This “defect” does not actually concern the makeup of the product directly, but the messaging behind the product in question. Failure to warn concerns manufacturers, marketers or other partners in the chain of distribution that do not warn the general public or consumer of dangers inherent to the product in question. Products like chainsaws, hair dryers, knives, power tools and even medication pose a threat when appropriate warnings and instructions for use are not provided. Manufacturers and those responsible for presenting the product to the public are required to provide these warnings and instructions for proper use when making the product available for sale.
When that is not done or done properly or adequately, and someone is injured as a result, the manufacturer and other arms of the chain of distribution are often held liable for damages.
If you feel you may have a defective products personal injury claim, you need the counsel of an experienced personal injury attorney who can help guide the claim process, establish fault and determine under which legal theory of products liability you claim rests and who the subjects of your claim should be.
Call the practiced personal injury attorneys of Bizzieri Law Offices in Chicago at 773.881.9000 if you would like to pursue your case. We have a wealth of experience in products liability cases and we will work hard to secure the compensation you deserve.