What do I need to prove to hold a manufacturer responsible for a dangerous product?

There are different legal arguments you can make to hold a manufacturer accountable for injuries caused by a dangerous product. In many cases, you may make a claim based on multiple legal theories, including strict liability and negligence.

Strict liability holds a manufacturer accountable for any unexpected harm that results from the use of a product according to manufacturer instructions.

If a drug, medical device or other product is used the way it is marketed and intended, the manufacturer is held responsible under strict liability rules for any resulting injuries regardless of negligence.

You simply must show the injuries sustained were caused by the product. You may also prove that:

• The manufacturer was negligent (unreasonably careless)
• There were defects in the design
• The manufacturer failed to warn you about risks
• The manufacturer breached an implied warranty on the product.

Because there are many different legal arguments to make in product liability cases, it is advisable to get advice from an attorney with experience in defective product cases in the Chicago area. Our page on Product Liability also provides additional information on cases against manufacturers for dangerous products.