Defective liability claims fall into three basic categories: defective manufacture, defective design, and failure to provide adequate warnings or instructions. A personal injury lawyer in Algonquin sees a wide range of Illinois defective product cases.
There are federal laws that govern defective products. In all product liability claims the injured party must prove that the product was defective and that the defect caused an injury. By understanding the three basic categories of liability claims, it's easier to prepare a defense strategy through a personal injury lawyer Algonquin.
The most obvious type of product liability claim is defective manufacture. Defects caused during the manufacturing process fall into this category. Defects may affect one single product or a group of products. As a result, the defective product is different from all the other products on the shelf. Examples might include:
- A bicycle with loose handle bars or a broken chain
- A toy or child's crib with missing parts
- A batch of cough syrup tainted with a toxic substance
In defective design claims, a product's design creates a dangerous or potentially dangerous problem. Defective design claims arise from a design error, rather than a manufacturing error. Defective design errors often create dangers in an entire line of products, rather than a single product, prompting a mass recall. Examples might include:
- A particular car model with defective steering controls
- A line of sunglasses that fail to protect the eyes from ultraviolet rays
- A line of electric blankets that catch on fire when used on high heat
Failure to Provide Adequate Warnings or Instructions
Failure-to-warn claims arise because a product fails to provide adequate warnings or instructions about the product's proper use. These claims typically involve dangers that are not obvious to the user, so products require the user to exercise special precautions or diligence when using the product to avoid potential injury. Examples might include:
- A medicine with a label that doesn't state a warning of dangerous side effects if it's taken with another type of medicine
- A corrosive chemical that is sold without adequate instructions for safe use and handling
- Power tools that are sold without adequate warnings of personal injury
Defective products can cause serious injuries, even fatalities, often seen by a personal injury lawyer Algonquin in Illinois cases. By understanding the differences in defective product liability claims, the validity of the claim and positive results in a court case are more likely.