Champaign Defective Products Lawyer
Every year, many people across Illinois are injured by defective products. When you purchase a product, the expectation is that the product is safe to use. If you are injured because of a defect in the product, you may have a claim to compensate you for your injuries. In Champaign, the office of Patel Law, P.C. has zealously advocated for many clients across central Illinois injured by defective products and will aggressively fight for the compensation you deserve after an accident. Call the office or contact us today to speak with a Champaign defective products lawyer if you or a loved one has been injured by a dangerous or defective product to receive a free evaluation of your case.
How can a Product be Defective?
Under Illinois law, a product is deemed defective if it fails to perform in a reasonably expected way based on its nature and intended function. There are three main ways that a product can be deemed defective, which is in its design, manufacture, or because of an error in its warning label.
- Design defect: A design defect occurs when the product fails because a component of the design itself makes the product dangerous. This type of product defect can be proven by showing how the flaw in the design renders what should have been a safe product dangerous or showing that a reasonable alternative to the defective part was possible.
- Manufacturing defect: A manufacturing defect occurs during the actual creation and manufacture of the product. There is nothing wrong with the design of the product, but the way in which the product was put together made it defective.
- Warning label defect: A product can also be deemed defective if the warning label lacks reasonable warnings for the consumer as to the foreseeable risks of using the product. Known as a failure to warn, this type of defective product is not due to its design or manufacture.
If a product is found to be defective, there are many parties that may ultimately be liable for damages. The product’s manufacturer, producer, distributor, retailer, and vendor of the product may all potentially be responsible for injuries caused by a defective product.
Types of Product Liability Claims
A product liability case is usually brought under one of three types of claims, which are strict liability, negligence, and breach of warranty. The type of claim is based on whether the defect is in the design, manufacture, or failure to warn as well as the type of product itself.
Strict Liability
Strict liability applies in product liability cases where the sale or lease of a product could be reasonably expected to cause harm if it is defective. The following elements must be shown in order to prove strict liability in a product liability case:
- The consumer was injured by the product
- The injury was caused by a defect in the product
- The defect existed when the product was in the consumer’s possession
Strict liability can apply in design, manufacturing, and failure to warn product liability cases.
Negligence
A negligence claim can be brought in a products liability case if the consumer was injured by a defective product because of the lack of care exercised by the manufacturer, distributor, or seller of the product in its design, manufacture, or sale that ultimately caused injury to the consumer. In order to prove negligence, the following elements must be proven by the court:
- A duty of care existed
- The duty was breached
- The consumer was injured as a result of the breach
- The injuries caused actual damages to the consumer
Breach of Warranty
A breach of warranty can be caused by either an express or implied breach. A breach of an express warranty is one where the manufacturer or seller gives the consumer a written or verbal warranty to the consumer, who is then injured by the product.
An implied warranty in Illinois extends to the merchantability of the product being sold as well as that the product is fit for a particular purpose. A breach of implied warranty occurs when a product proves to lack merchantability or is not fit for its purpose and ultimately injures the consumer. Implied warranties do not have to be written or verbal and are a part of the sales transaction for the product.
Call or Contact Us Today
Have you or a loved one been injured by a defective product in the Champaign area? If so, call the office or contact Patel Law, P.C. today to schedule a free consultation with one of our experienced product liability attorneys.
