As a consumer, you trust that your purchase is safe for you or your loved ones to use. Unfortunately, manufacturers may breach this trust and send a dangerous product to the store for purchase.
A Fulton Market defective products lawyer could increase the chance of holding the defendant liable. Experienced injury attorneys understand what it takes to prove the defendant is responsible for a dangerous product. Call today to ensure you do not lose out on damages you are entitled to.
Proving a Product Liability Case
Under the law, manufacturers must provide safe products to the public. They sometimes breach this duty, however, and innocent consumers suffer as a result. In these cases, the plaintiff may hold the responsible company liable for a defect or a failure to warn.
Manufacturing defects typically affect one or a few instances of the product line during production. Some common manufacturing defects include:
- Use of wrong materials
- Erroneously assembling of products
- Use of harmful chemicals
- Improper packaging
A design defect is a fundamental flaw impacting the entire product line. To prove the defendant is liable in this circumstance, the plaintiff must establish no practical alternative design existed.
Under 735 Illinois Compiled Statutes 5/2-2104, an alternative design is practical if the technical, medical, or scientific knowledge of the alternative design was available when the product was developed. Additionally, the alternative design is feasible if there is not a significant financial burden on the company to use it.
Suing for A Product Defect
An injured consumer may sue the manufacturer or seller of the product for their losses. Regardless of who the plaintiff sues for a product defect, they should seek the assistance of a Fulton Market attorney.
Manufacturers are strictly liable when their product causes an injury. However, the plaintiff must establish four elements to prove they are entitled to damages:
- The product was defective
- The product was not altered after production
- The defect caused the product to become dangerous
- The defect caused the plaintiff’s injury
An attorney in Fulton Market could help an individual provide the proper evidence to move forward with a product liability case.
Once the plaintiff establishes all four elements, the defendant is liable.
Seller of the Product
In some cases, the plaintiff may sue the defective product’s seller rather than the manufacturer. The seller is not ultimately responsible for a manufacturing or design defect or a failure to warn.
However, a seller is not completely immune from liability. When their actions caused the product to become defective after leaving the manufacturer’s control, they may be liable.
Call a Fulton Market Defective Products Attorney
Product liability cases can be complex and difficult to handle, but a Fulton Market defective products lawyer could increase your chance of recovering damages. It can be intimidating to take on a large company by yourself while trying to recover from your injuries. Fortunately, an experienced attorney understands the technicalities involved in a product defect lawsuit and how to navigate them. Call today to get started.