Product liability is a broad area of the law that focuses on injuries caused by products that were either defectively designed or manufactured, or that were sold without adequate instructions or warnings. Product liability cases can arise under almost any circumstances, but these are a few examples of product liability cases to help illustrate the concept:
When a product is created with a flaw in it due to an error or failure in the manufacturing process, it is considered a manufacturing defect. For example, if a car is put together using an air bag that is broken and therefore does not deploy during an accident, the car had a manufacturing defect. The car may have been designed properly (with adequate collision safety measures), but it was created with a defective component.
compare the scenario above with a design defect. A design defect is similar in some ways to a negligence claim. When an injury occurs, the design of the product at cause is compared to similar industry standards and possible alternatives to determine if the product could have been designed in a way that would have avoided causing the injury. This includes considering the costs of designing the product with any enhanced or different safety features.
These types of cases refer to instances in which a product that is known to be potentially dangerous is sold without containing adequate warnings to make the consumer aware of the risk the product poses. Keep in mind that these warnings are usually limited to dangers posed by the normal use of the product.
If you have a product liability claim in the Chicago area and would like to review your case with a professional, call injury attorney Steven Malman of Malman Law at (312) 983-6193. Our personal injury attorneys are dedicated to protecting the rights of individuals—whether your case is big or small.
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