Consumers have the right to expect that the food, medication, and objects they use will not harm them when utilized correctly. Therefore, if an injury occurs due to a dangerous or defective product, the victim may choose to file a product liability claim in order to gain financial recompense for medical costs and suffering, as well as to discourage future issues with production and distribution. Here is a closer look at the components that make up a product liability case and how to determine whether you are eligible to receive financial compensation for your pain and suffering.
Responsibility for Production
Any party that had a hand in creating or distributing a product to the public can be held liable for harm caused by the item. This includes manufacturers, wholesalers, and retail shops, each of whom may have had an opportunity to intervene before the defective product reached the final consumer. A personal injury attorney can help determine which parties may be held accountable for the defect and will work with you to ensure that you receive the financial compensation you deserve.
Bases of Claims
There are a number of ways to classify product liability claims. Negligence cases are based on the presumption that a party involved in the manufacturing of a product did not take reasonable measures to ensure its safety. Strict liability, on the other hand, does not take fault into account; instead, the outcome of the case depends on whether the product was truly dangerous, if it contributed to the injury, and how the plaintiff was utilizing it. Breach of warranty claims generally involve a product that does not perform safely during appropriate and intended use.
Types of Defects
A product liability claim can be further specified by the type of defect interfering with a product’s safe use. Design defects are inherent flaws in the conception of an item, while manufacturing defects involve substandard materials or improper creation of the physical product. When a product functions as intended but carries danger if misused, a lack of adequate warning messages can be considered a marketing defect.
To learn more about product liability laws and how they relate to your specific case, contact the personal injury attorneys at Malman Law. Call (312) 983-6193 to schedule a free legal consultation with one of our experienced personal injury lawyers.
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