Frequently Asked Questions About Product Liability Cases

Damages Recovered for Illinois Injury Victims

Product liability cases can be complex and involve powerful and resourced opponents. Speaking with our team in a free case consultation is a good way to help you orient yourself and prepare. We've recovered billions of dollars for our clients, and our experience includes numerous high-profile product liability cases. When it comes to our ability to represent you, the results speak for themselves. Power, Rogers & Smith, L.L.P. has led the state in the most dollars recovered in verdicts and settlements for the last five consecutive years. Keep reading for answers to common product liability questions or call us directly to learn more at (312) 313-0202.

What is product liability?

Product liability involves injuries or death caused by the use of a product, machine, equipment, automobile, bus, or even plane.

How do I know if a product was defective in the design or manufacturing?

That is a good question and one that takes special skill and investigation to answer. Sometimes common sense is the best indicator on whether a product is defective. You should ask yourself these questions; "Should this have happened?" "Did the product so something it was not supposed to do?" "Did the product fail to do something it was supposed to do?" "Did the product cause an injury?" Speak with our Chicago personal injury lawyers for specific guidance.

What kind of defects can cause product liability?

In most cases, product defects fall into these three categories:

  • Warning defect – Products are required to have sufficient instructions about its intended use. When these warnings aren’t present, and your injuries were caused by your lack of knowledge, then the product has a warning defect. For example, if your new lawn mower doesn’t include warnings about staying safe around the blades and they cut you, then you may be able to pursue a product liability lawsuit.
  • Manufacturing defect – If the design of a product causes it to be unsafe, then it has a manufacturing defect. For example, if the manufacturer assembled your new table without using all of the screws causing it to be more likely to collapse, then it has a manufacturing defect.
  • Design defect – If a product’s defect causes it to be unsafe, then it has a design defect. For example, if your new blender’s blades shatter during use, filling your shake with metal shards, then it has a manufacturing defect.

Who can you sue for a defective product?

If a product’s defects result in the user’s injuries, then any of the following parties may be held liable:

  • The company selling the product
  • The company manufacturing the product
  • The company designing the product

How are product liability laws usually enforced?

Product liability is enforced by the law itself. If a product is linked to deaths or injuries to individuals, they have the opportunity to file a lawsuit. These lawsuits can be filed against any entity within the production line or point of sale. If there is a link between a product and damages, the company is ordered to recall that product, as well as pay for damages to the injured parties.