Consumers buy countless products daily and expect they will work just as the manufacturer claims they will. Sustaining injuries because of product flaws is probably the last thing most people consider. Sadly, defective or flawed products commonly cause bodily and financial harm to the people who purchase them.
Illinois tort laws give you the right to seek legal action against the negligent party when you sustain injuries because of a faulty or defective product. Call a Plainfield defective products lawyer from our firm to schedule a consultation. Our seasoned personal injury attorneys can help you understand your options for recovery.
The Three Types of Defective Products
Defective product lawsuits generally fall within one of the three primary categories:
Defective Product Design
A defective product design occurs during the blueprint stage of the process, causing the entire line of items to be defective and presenting inherent risks for consumers. Some examples include unstable furniture that topples over or an electric device that overheats and melts or causes a fire. Total recalls are typically issued for these products once the defect is recognized.
Manufacturing flaws happen during the production phase of the products and usually only affect one batch or specific items. Examples include incomplete or missing components or a batch of products with harmful chemicals the producers add in error.
Marketing or Warning Label Defects
Marketing or warning label defect lawsuits occur when the manufacturer misleads consumers in their marketing material or fails to warn of potential hazards. The group also includes injuries caused by producers providing incorrect instructions or leaving essential information off the label.
A Plainfield defective products attorney could answer specific questions and help determine which category the claim falls within during a consultation.
Potential Damages in Defective Product Civil Claims
Over the course of a defective product case, the court will assess supporting evidence, including medical records, the severity of the claimant’s injuries, and the cause of the action. The court generally awards compensation within two groups: economic and noneconomic damages. The first group covers the clearly-quantifiable out-of-pocket financial losses the plaintiff suffers. In contrast, the second covers the individual’s subjective and non-monetary damages, such as pain and suffering.
The final award for damages may include compensation to cover the following:
- Physical and psychological therapy
- Permanent scarring and disfigurement
- Current and ongoing healthcare expenses
- Loss of the enjoyment of life and inconvenience
- Permanent disability and physical pain and suffering
- Lost wages, insurance and other benefits, and future earning potential
A Plainfield defective products attorney could help injured parties determine the full impact of their harm and craft this into a settlement demand that adequately represents their needs.
The Statute of Limitations in Defective Product Lawsuits
The standard time limit to commence legal action for personal injury or tort cases is two years from the date of the accident and injuries. The specific details surrounding the accident, injuries, and other case specifics could extend or shorten the time. The plaintiff must also be aware of other expiration dates for defective product lawsuits.
Under 735 Illinois Compiled Statutes § 5/13-213, the deadline for the statute of repose is ten years. This means that if the initial purchase of the item were ten years ago or longer, the court would dismiss the claim. The defendant has the right to petition for dismissal if the statute of limitations already expired when the plaintiff took possession of the faulty goods or merchandise. A knowledgeable defective products attorney in Plainfield can handle the legal complexities to ensure the claim complies with all relevant civil statutes.
Call a Plainfield Defective Products Attorney Today
Producers and corporations are legally obligated to ensure that the products and merchandise they put on the shelves for their consumers are safe and work properly. When a product defect causes you to sustain injuries, you could be eligible to collect compensation from the business or manufacturer.
Call a hard-working Plainfield defective products lawyer today to schedule a case review. We are here to provide the legal support you deserve.