If you buy a product and are injured by it as a result of a manufacturing or design defect, you may sue the manufacturer, seller, and all distributors of the defective product. Manufacturers, sellers, and distributors are strictly liable for a defective product that causes injuries when:
- You purchased a product that you use
- The Defendants are the seller, distributor, and/or manufacturer of the product
- You sustain an injury using the product
- The product was defective when purchased
- The defect caused your injury
When it comes to the products you use every day, almost every safety feature you have come to expect first came about as a result of litigation by persons who were injured due to defects in the product as they were originally made.
Most product liability cases involve a manufacturing defect, a design defect, or failure to warn of the hazardous condition. You do not have to prove that the Defendant knew that the product was defective, only the elements listed above. If ordinary products are dangerous when used as intended, you have a right to recover money damages for the injuries you suffer.
Manufacturing Defects
These cases involve problems in the making of the product. Generally it can involve poor–quality material, mistakes in putting the product together, or just bad workmanship.
For example, if a dangerous chemical is introduced during the manufacturing process of making a batch of medicine that a company sells and distributes, that would be a manufacturing defect.
Other common examples are contaminated food and drink. You go to a restaurant or store to purchase food or drink – you eat or drink contaminated food or drink and become ill with salmonella, e-coli or other types of bacteria – or you are injured by a foreign object in the products you consume. In those cases, it is important to preserve the evidence by:
- Keeping the product for testing
- Keeping the receipt that shows where and what you purchased
- Seeking prompt medical attention for a proper diagnosis
Design Defects
These cases arise when the product’s design is so flawed that, even when correctly manufactured, the product becomes so dangerous that it should not be sold in that condition. Two examples are the automatic shut-off feature in home lawn mowers and vehicle and toy defects.
When first introduced, motorized lawn mowers had to be turned off by a hand-operated switch. Many people suffered severed toes and fingers when the lawn mowers continued moving while the user tried to turn off the engines. Safer designs were developed that resulted in automatic engine shut-off when the user let go of the handle.
Other common examples are dangerous conditions in automobile components and childrens’ toys. When you receive a safety recall for your motor vehicle, or a media alert that a toy has been recalled, design defects are often the cause for the danger and the injuries that have resulted.
Failure to Warn
These cases occur when the manufacturer sells a product that is potentially dangerous when used and fails to properly inform people of the safe way to use or operate the product. Many of the warning stickers you see on products such as power tools and stepladders are a result of litigation. The warnings on and inserts with prescription drugs are also used to provide consumers with necessary information about the dangers and side effects of the drug.
We commonly receive questions about pharmaceutical products. The fact that a person has an allergic or other negative reaction to a drug does not in and of itself give rise to a legal case. When, however, a product defect causes the reaction and injury, a product liability case exists.
With over 70 years of combined experience representing injured people throughout Illinois, the attorneys at Adler & Adler, P.C. have the expertise to successfully prosecute your product liability case. We welcome your questions, we can help determine if you have a case, and we will prosecute your case successfully through the courts. The attorneys at Adler & Adler, P. C. have the experience to make sure you receive full and fair compensation for your injuries in these complicated cases.