Chicago Product Liability Lawyer
Product liability is a legal concept that holds manufacturers and retailers accountable for any harm caused by products they make or sell. Under product liability laws, the manufacturer and retailer can be held liable for damages caused by dangerous and defective products.
These companies must take reasonable steps to ensure that the products they make and sell are safe, up to industry standards, and free from defects. When they fail to do so, they may be liable for any resulting injuries or deaths.
Were you or a loved one harmed by an unreasonably harmful product? The personal injury attorneys at Rosenfeld Injury Lawyers, LLC have represented clients hurt by harmful products to ensure they receive compensation for their damages.
Contact a Chicago product liability attorney at (888) 424-5757 or use the contact form for additional information and answers, or schedule a free consultation to discuss your case. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Products Liability Law Protecting Consumers From Unsafe Products
The federal government has enacted many laws that protect consumers from hazardous products, including the Federal Products Liability Law. This law guarantees that consumers can seek compensation if they have been injured due to a defective product.
Under the law, a product's manufacturer, distributor, or retailer may be liable for any harm caused by their goods. This law applies to many products, including mold, firearms, automobiles, and other consumer goods.
Victims filing product liability claims under this law must prove that the product was sold with an unreasonably dangerous defect and that it caused their injury. In some cases, it is also necessary to show that the seller had knowledge of the defect and failed to fix it or adequately warn consumers about its risks.
In addition to protecting consumers from harmful products, federal product liability laws also provide incentives for manufacturers and retailers to ensure that their goods are safe for use in everyday life.
By holding them accountable for any harm caused by defective products, these laws incentivize manufacturers and retailers to take all necessary precautions when producing items for sale. This helps to create a safer environment for everyone in society.
Strict Liability Law Protecting Consumers from a Harmful or Defective Product
Strict liability is a legal doctrine that holds individuals or entities responsible for the harm and losses caused by their actions, regardless of fault or negligence. Under this doctrine, those who produce, sell, or use products can be liable for injuries caused by the product even if they took all reasonable precautions during the design and manufacturing process to prevent such harm.
Strict liability laws protect consumers from dangerous products and discourage manufacturers from releasing dangerous products into the marketplace. In strict liability cases, proving that the manufacturer was careless or negligent in producing the item is unnecessary.
Instead, the injured party must demonstrate that the product caused their injuries or damage. Depending on the circumstances of each case, liable parties may include retailers, wholesalers, distributors, designers, and manufacturers.
Strict liability law ensures that victims of harmful products can seek compensation from those who created and sold them. In addition, this doctrine also serves an important public policy function by providing incentives for manufacturers to produce safe products and helping to reduce product-related injuries in society.
Consumer Product Safety Commission
According to estimates from the Consumer Product Safety Commission (CPSC), approximately 45,000 products in the United States pose a significant risk of injuries or death.
These products include common household items with toxic chemicals and materials, including asbestos, pesticides, herbicides, and mold. Firearms, autos, motorcycles, seat belts, and airbags are also harmful to users.
Dangerous and defective products the CPSC lists as harmful include:
- Children's toys
- Electronic devices
- Defective drug
- Medical devices
- Illegal medications, dangerous drugs, and tobacco products
- RV and other motor vehicles
- Children’s products such as cribs, strollers, and playpens
- Gasoline engines
- All-terrain vehicles (ATVs)
- Fireworks and flammable products
- Pool drains and covers
The number of injuries and wrongful deaths caused by hazardous consumer products is alarming.
Each year, the CPSC estimates that around 21 million Americans suffer injuries due to a defective product, while over 300 people experience a wrongful death from their fatal injuries sustained from using a product.
Many victims are children and the elderly, with little protection against faulty products, including a harmful toy or defective medical device. Despite these staggering figures, it is important to remember that most products today are safe for use.
Federal product safety legislation helps ensure that only safe items reach users’ hands. However, this does not mean we should take our safety for granted; caution should always be exercised when using potentially hazardous items.
Filing a Products Liability Claim Involving a Defective Product
Filing a product liability claim requires understanding the legal steps that must be taken to prove your case. Generally speaking, you will need to show that the manufacturer, distributor, or seller had a duty of care to protect you from any injuries caused by their product.
To do this, you will need to be able to provide evidence that the product was defective or dangerous when it left their hands. Evidence can include proof of design defects, manufacturing defects, or failure to warn about potential hazards with the product.
Under product liability law, you must demonstrate that the damages directly resulted from using the product as intended. Expert witnesses can help determine the value of complex product liability cases.
The next step in filing a product liability claim is finding and filing with an appropriate court system.
Depending on the jurisdiction, several different court systems are available for product liability lawsuits. It is also important to note that some types of damages, such as economic losses caused by medical bills or lost wages, may require additional documentation to recover compensation.
Who Pays the Compensation in a Products Liability Case?
When a dangerous or defective product injures a person, they may be entitled to a monetary recovery from the parties responsible for its design, manufacture, distribution, and sale. In product liability cases, the compensation is generally paid by the manufacturer or other entity in the supply chain that was ultimately responsible for creating the defect.
The legal responsibility of manufacturers and other entities in the supply chain is known as strict liability. Under this principle, those in charge of manufacturing a product must ensure that it is safe to use without any foreseeable risk of harm.
When these obligations are breached and injuries result, those responsible can be held liable for compensating victims for their losses. In addition to monetary compensation, courts may require the defendant, or their insurance company, to implement corrective action such as ordering a product recall or issuing warnings about potential hazards.
The exact amount of compensation owed will depend on factors such as the severity of injury caused by the product and economic losses suffered due to medical bills or lost wages. Victims of product liability cases need to consult a qualified legal professional to ensure their rights are protected throughout the process.
Hiring a Chicago Product Liability Lawyer to Recover Damages for Serious Injuries from a Defective Product
Were you or a loved one hurt by a dangerous product and suffered a serious injury? Are you facing huge medical expenses and looking for legal options to hold those who caused the harm financially accountable?
Our Illinois law firm has extensive experience handling cases where manufacturers sell items causing injury due to a product defect. Contact our product liability lawyers at (888) 424-5757 or use the contact form for a free review.
At Rosenfeld Injury Lawyers, LLC, our personal injury law firm accepts every product liability case on a contingency fee basis, meaning you only pay our legal fees once our product liability lawyers obtain adequate compensation for your family.
While our law office is in the Chicago area, we accept cases nationwide.
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