Manufacturers and distributors of products have a duty to consumers to make their products safe.
Product liability cases involve defective or unsafe products. Parties including manufacturers, wholesalers, and retailers, in some cases can all be responsible for damages arising from the use of defective products. Generally, a product can be defective because of a manufacturing defect, a design defect, or a defective warning about product dangers.
A manufacturing defect exists when an otherwise safe product is rendered dangerous because it is assembled improperly. A design defect exists when a product is dangerous even when manufactured correctly due to a design flaw. Defective warnings include a failure to give consumers adequate instructions about the use and dangers of a product and failure to warn consumers about latent dangers of the product.
A product liability claim involving child safety products might include flammable clothing or bedding; toys that present choking hazards to infants; juvenile products, such as strollers, furniture, and child safety seats.
When you file a product liability claim, you are suing the makers or sellers of injurious products. Anyone in the supply chain can be held responsible for damages. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended. To win a strict liability case, your attorney must demonstrate that:
- The product had an “unreasonably dangerous” defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
- The defect caused your injury even though you were using the product in the way the manufacturer said that it was intended to be used.
- The product that caused damage had not changed “substantially” from its original sales condition.
Other forms of product liability claims are negligence (carelessness, recklessness or malice) or breach of warranty of fitness (damage directly resulting from inadequate product warning).
State courts have held that the manufacturer and seller of a defective product are strictly liable for the loss, injury or damage resulting from the use of the defective product. Victims injured by faulty products have the right to seek compensation, including compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental anguish. Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
The attorneys of Salvi, Schostok & Pritchard P.C., have extensive experience in representing individuals and families who have been injured by defective products, especially child safety products. We have successfully handled negligence claims on behalf of our clients and also claims under products liability statutes. If you or your child has been injured or damaged as a result of a defective product, you may have a claim against the manufacturer or distributor of the product. Make sure the defective product is not destroyed. If you do not have access to the product, contact Salvi, Schostok & Pritchard P.C., immediately and we will take the necessary steps to preserve the product. Under product liability law, it is the injured party’s burden to prove that the product was defective. Therefore, it is important that the product be inspected by one or more qualified experts to determine the exact nature of the defect and that the defect caused the harm suffered. If the product is not recovered, the customer may be left with no proof that the product was defective.
We handle cases nationally with offices located in Illinois and Wisconsin. Contact us today. Salvi, Schostok & Pritchard P.C., can assist you in determining if you are entitled to compensation.