When consumers purchase a product, they buy it believing that it is safe. Unfortunately, consumers often suffer serious personal injuries or even death as a result of products that are defectively manufactured or designed. Toys that have loose or sharp parts can seriously injure children. A defective ladder can result in a fatal fall. An airbag that fails to deploy may result in fatal injuries to vehicle occupants. A defective tire can cause a serious injury auto accident. Products that are tainted with harmful substances such as lead or cadmium can result in serious brain damage.
A product may be dangerous because of a design flaw or defect; a flaw or defect that occurred during the manufacturing process or because of improper, inadequate or misleading instructions on the product packaging. To prove product liability or strict product liability, a plaintiff must prove:
- That the product was defective.
- That the product defect in question was present before the manufacturer released the product and
- Your injuries were caused as a result of the defective product.
If you or a loved one has sustained serious injuries as a result of the defective product, you may be entitled to receive compensation. You could recover damages for medical expenses, loss of earnings, cost for diagnostic tests or continued treatment. If you have lost a loved one, you could also file an Illinois wrongful death claim against the manufacturer of the defective product.
To prove a product defect – whether it is an automobile or any other product – it is important that you preserve the product itself because it is the most significant piece of evidence in a products liability case. An experienced Illinois products liability lawyer will be able to have the product examined for malfunctions, defects or other evidence. In some cases, in an attempt to punish the product manufacturer for negligence and manufacturing a dangerous or defective product, the court may impose what are known as punitive damages. These are basically damages awarded by a court against a defendant as a deterrent or punishment, in products liability cases, for manufacturing a dangerous or defective product.
If you or a loved one have been the victim of a product defect injury in Chicago, please contact E. Ryan Bradley today at 312.252.1488 to discuss your case.