When most people purchase a product—whether it’s food, medication, or a household item—they often don’t think twice about its safety. Product liability laws are one of the key reasons we’re able to buy products with confidence. But how do these laws work, what happens when a product is not safe, what happens when a product is defective, and what do you need to know as a consumer who is injured as a result of a product?
Defining Product Liability
Product liability is a collection of laws and regulations that aim to protect consumers against defective products. There are numerous ways that a company may be found liable for a defective product, and there may be multiple liable parties involved depending on the claim. It is important to contact a lawyer to discuss your case. In many cases, a lawsuit for injuries resulting from a product will fall into three specific legal areas:
- Strict Liability: In strict liability cases, a claimant only needs to prove that the product was defective and that the defect directly caused their injury. They do not need to show that the manufacturer was careless or acted irresponsibly.
- Negligence: A negligence-based product liability claim requires the injured party to prove that the defendant failed to exercise reasonable care in the design, manufacturing, or marketing of the product. This can include flaws in the design process, inadequate quality control during production, or failure to provide sufficient warnings about potential dangers.
- Breach of Warranty: Lastly, if a company marketed its product as safe when it wasn’t, consumers who were affected by the product can pursue a breach of warranty case. It’s worth noting that the company doesn’t necessarily need to expressly promote its product as safe; the implied safety of a defective product is often enough.
Examples of Defective Products
In addition to the various categories that product liability cases fall under, the defective product itself is also defined by specific criteria:
- Design Defects: If the design of a product causes someone to get hurt, in many instances the injured parties can sue for damages. In these cases, there are often many people who are affected, even after a product is recalled. One example of a design defect could be a baby toy that includes small pieces that pose a choking hazard.
- Manufacturing Defects: These types of defects occur when the product is manufactured and are due to how the product was produced and not necessarily designed. These defects can result from poor-quality materials, assembly errors, or inadequate quality control measures. For example, a bicycle with a cracked frame due to improper welding or a batch of prescription drugs or baby formula contaminated during production would be considered manufacturing defects.
- Failure To Warn or Labeling Defects: Companies have strict requirements when it comes to labeling their products and safety risks. Sometimes, companies fail to warn of certain dangers with products. Whether the product was explicitly marketed as safe or is lacking safety warnings, consumers have a right to hold the manufacturers or other responsible parties responsible for their actions.
Who Can Be Held Accountable in a Product Liability Case?
Once a dangerous product has been identified, the next question is often, “Who’s at fault?” Whenever a new product is released to the market, there are many companies involved, including manufacturers, distributors, suppliers, retailers, and marketers. In many product liability cases, it’s often found that there are multiple parties at fault, which can sometimes complicate the process. It is important to consult with an attorney on your case to determine who may be at fault. Here’s a closer look at who may be found liable for a defective product.
In many product liability cases, it’s often found that there are multiple parties at fault.
Manufacturers
Manufacturers are often the primary defendants in product liability cases because they are responsible for designing, producing, and assembling the product. A manufacturer can be a large corporation, a smaller company that produces specific components, or even a local business making handmade goods. If a defect originates in the product’s design, manufacturing, or quality control process, the manufacturer is typically held liable in a product liability case.
Distributors
Distributors are responsible for maintaining the quality and integrity of the manufacturer’s product. If a product is damaged or contaminated during the distribution process, it can be held liable for any harm that was caused as a result. However, if the court finds that the issue originated during manufacturing, liability may fall on both parties, especially if the distributor knew of the defect and failed to act.
Suppliers
In some cases, the supplier who contributed raw materials or ingredients to the manufacturing of the defective product can be held liable. For example, if a farmer sold contaminated meat to a distributor who then sold it to restaurants, the supplier will most likely be held liable along with any other parties who knew of the contamination.
Marketers
Marketers have a responsibility to accurately represent a product’s safety. An unsafe product must be labeled as such, and it must be advertised in a way that consumers know the risks of using the product. Conversely, a product can’t be advertised as safe when it is not. For example, tobacco companies are required to label their products as hazardous to the health of those who smoke.
Retailers
Lastly, retailers are legally required to maintain the quality of the products they sell and to discard products that have expired or been contaminated. If this happens, the liability is usually solely on the retailer, especially if it can be proven that the product was safe to sell until it arrived at the retailer.
What Kind of Compensation is Available for Victims of Defective Products?
If you’re successful in your product liability case, you may receive either a settlement or a court-awarded verdict for the damages you’ve sustained. Throughout your case, your lawyer will advocate on your behalf, working to secure compensation that not only covers your medical expenses but also reflects the full impact the defective product has had on your life. This may include damages for:
- Physical Injuries
- Pain and suffering
- Temporary or permanent disability
- Disfigurement
- Lost wages
- Emotional trauma
Talk to a Product Liability Attorney at Power Rogers Today
Taking on a multi-billion dollar company can certainly be an intimidating feat, but fortunately, you don’t have to do it alone. If you suspect that a faulty or defective product has caused you to become injured or sick, it’s important that you contact a lawyer immediately. You may learn that there are many other plaintiffs waiting to sue through a class action with ample evidence available and cases already being built, but unless you work with a lawyer, your chances of receiving a settlement are much lower. The team at Power Rogers is ready to consult with you about your potential case. We have built a reputation as a powerful advocate for injury victims across Illinois, and our case results speak for themselves. Contact us and talk to one of our product liability lawyers today.
