Most products sold in stores and through online marketplaces do not pose any significant risk to users if used properly. However, trusting consumer products can occasionally have devastating consequences. If a product is defective to a degree that it is dangerous to use as directed, an unwitting customer could end up facing expensive medical bills and potentially even permanent injuries because of a manufacturer or seller’s carelessness.
If you want to hold a large company civilly liable for the harm their product caused you, an experienced personal injury attorney can provide necessary guidance. A dedicated Elgin defective products lawyer could determine whether you have grounds for a case and work tirelessly on your behalf to seek comprehensive restitution for your damages.
Holding a Manufacturer Liable for Injuries
Theoretically, almost anyone who interacts with a consumer product between the moment it was designed and the moment it enters the possession of a purchasing customer could bear liability for a defect in that product. However, a wholesaler or seller generally cannot be held responsible for damages in product liability cases unless they tamper with the product in some way after it leaves the manufacturer but before it reaches the customer.
When pursuing litigation against the manufacturer of a defective product, there are two main legal theories that adept product liability attorneys typically build cases around. In some cases, a manufacturer could be held liable under a theory of negligence for causing foreseeable harm to Elgin customers through a breach of their duty of care.
More often, defective product claims attempt to hold manufacturers liable for failing to remedy specific defects in their products prior to sending them out to be sold. There are three types of defects around which most such cases are built: design defects, manufacturing defects, and marketing defects.
A design defect is a flaw in a product’s core design that makes every incarnation of it produced unreasonably dangerous. To hold a manufacturer strictly liable for this kind of flaw, a plaintiff must be able to prove that a safer alternative design was available that practically could have been implemented at a reasonable cost.
Manufacturing defects occur while an otherwise safely designed product is assembled incorrectly and in a way that makes it unsafe. For example, a new car with improperly installed airbags could be considered to have a manufacturing defect if that improper installation results in the airbags not deploying in a crash.
A marketing defect is when a manufacturer fails to include appropriate instructions about how to use their product on or inside the product’s packaging. This type of defect can be particularly tricky to build a case around without help from a skillful defective products lawyer, since it requires proving that the risk was not so obvious that the consumer should reasonably have known about it even without warning or instructions.
Speak with an Elgin Defective Products Attorney to Learn More
Even if a product defect is obviously dangerous, it can be difficult to hold the manufacturer legally responsible for it. Companies that mass-produce consumer goods often have huge legal teams on retainer and plenty of money to put towards fighting civil litigation. Without a relentless legal professional in your corner, it can be difficult to pursue a positive case result.
Once retained, an Elgin defective products lawyer could provide customized guidance and support every step of the way through your claim. Let a dedicated legal ally in your community fight on your behalf for the compensation you deserve. Call the Law Offices of R.F. Wittmeyer, Ltd. today to discuss your potential case.