Product Liability
When businesses think more about profits than consumer safety, serious injuries can result. Each year, thousands of disabling injuries occur as a result of defective toys and equipment, electric appliances, and other basic household products. The experienced products liability attorneys at Craig L. Manchik & Associates, P.C. focus their practice on product liability cases involving:
Medical devices
Dangerous toys
Dangerous appliances
Dangerous vehicles
Defective products
Hazardous and dangerous products
Product Liability
Many consumer injuries could be avoided if manufacturers and distributors took just a few extra steps to make their products safer for consumer use. In August 2008 alone, recalls were issued for hazards related to lead paint in cribs, defective emergency lights, personal blenders, gas grills, drawstring sweatshirts, bicycle pedals, and cordless tools. Reports from The Consumer Product Safety Commission indicate that consumer products are responsible for over 13.6 billion emergency room visits each year. The cost of these injuries adds up to more than $368 billion.
All parties in the manufacturing chain are responsible for creating and selling a product that is safe to use. This includes the manufacturer, the wholesaler, and the retail merchant. When a defective product harms someone, any company in the chain can be liable. Products liability cases primarily involve basic consumer goods, but also include pets, real estate, and intangible goods like gas. There are three basic types of products liability: defective design, defective manufacture, and defective marketing. “Design defects” refer to products that have faulty design such as a small part that is easily broken or swallowed by small children. “Manufacturing defects” occur during production, such as when lead paint is used on toys. “Marketing defects” occur when a potentially dangerous product does not contain adequate warnings.
When a product is put into the market, the manufacturers and distributors are legally obligated to provide a well-designed product that is reasonably safe when used as intended. Failure to do this gives rise to a products liability case. A successful products liability case must demonstrate that:
The product had an "unreasonably dangerous" defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping and handling.
The defect injured you even though the product was used as intended.
The product had not changed “substantially” from its original sales condition.
If you have been injured by a faulty product, you have the right to seek compensation for medical expenses, pain and suffering, permanent disability or disfigurement, lost wages and lost earning capacity. Punitive damages may also be available if the company was especially reckless or blatantly disregarded the product’s potential danger.
If you think you have a case, please contact us as soon as possible to evaluate your claim. Our firm has handled cases in Cook, DuPage, Kane, Lake, and other surrounding Illinois counties. Every claim has a statute of limitations, which will bar the case if not filed before it expires. Therefore, prompt attention is required in order to best insure that you receive just compensation for your injuries. If our firm cannot represent you, likely we can direct you to a firm who will properly handle the matter or we will explain, in as much detail as necessary, why we cannot assist you or refer your matter elsewhere.
The information provided on this website does not constitute legal advice nor does it constitute an attorney client agreement. You are not considered a client until we have accepted your case and a retainer agreement is signed. Please read our full disclaimer.