Product liability cases arise in all shapes and forms, from defective hip replacements to mislabeled bug spray. Many of these cases involve personal injuries to numerous purchasers of a specific product and can involve large legal actions and high-profile cases. Product liability is body of law that holds the designers, manufacturers, distributors, and others within the stream of commerce liable for injuries caused by products made available to the public.
Types of Product Defects
In order to make a successful case for product liability, you must prove that the product demonstrated one of the following:
- Design defects.
- Manufacturing defects.
- Inadequate labeling or warning.
Design defects can be proven when a product’s design is inherently dangerous to the point that its risks outweigh its benefits, no matter how carefully manufactured. This is analyzed by the standard of ordinary consumer expectations. Manufacturing defects involve errors made during the manufacturing process, such as broken, weakened, or missing parts. Inadequately labeled products pose non-obvious risks that may have been avoided through the use of more precise or expansive labeling.
Making Your Case
To win a product liability case, your injury must be caused by properly using the product for its intended purpose, or in a way that the ordinary consumer would believe it could be properly used. Some examples include a case in which a weight machine fell on a woman exercising with it, a case in which a can of bug spray was labeled with hearts and bright colors, leading a child to mistake it for potpourri. Products liability law can be complex, and proving a product was defective requires detailed and extensive fact finding and analysis.
If you believe you have been injured due to a defective product, you should seek the advice of a personal injury lawyer. If you live in the Chicago region, call Malman Law at (312) 983-6193. During a free consultation, we can evaluate your case with you according to our extensive experience. Call today to learn how we can help.