Danville Defective Product Lawyer
How to Recover Damages Caused by Defective Products
When a product does not work the way it was intended to, or it is manufactured in a defective way, people can become injured. If this happens, the injured party may have a right to pursue compensation. Hundreds of thousands of people are injured by defective products on a yearly basis. Sometimes the injuries are minor, while other times the injuries are life-changing.
If you or a family member were injured due to a defective product, it is important to contact an experienced Danville defective product lawyer right away. You want an attorney who has a history of taking on large corporations in the courtroom in defective product cases. These cases are rather complex, involving multiple parties and corporations with seemingly endless pockets.
At Patel Law, PC, we have years of experience taking on big corporations in product liability cases. We fight tirelessly to hold companies who put dangerous or defective products into the hands of unsuspecting consumers liable.
Understanding Product Liability Law
Defective products are covered under product liability law. This secures the responsibility of the product manufacturer, or the provider of goods, to reimburse users who are injured by their defective or dangerous products. Who better to protect consumers than the company making the product?
These companies have a duty to not let a dangerous or defective product reach the stream of commerce. In some cases, they may not have known about the risk beforehand, but there are other cases where the companies knew. The companies who knew chose to hide the information and weighed business costs against the price of lawsuits when a consumer is injured.
No matter whether a company knew beforehand or not, they still have a legal duty to not put something into users’ hands if they can be hurt. And, if someone is injured, those responsible need to be held accountable.
When you retain an experienced Illinois defective product liability attorney, they will discuss your potential claim value after doing a case evaluation. They will let you know whether or not you have a case, who the possible defendants are, and what the possible value of your case is.
How a Danville Product Liability Attorney Fights for You
In most cases, you will find out that the legal theory of “strict liability” applies in these types of cases. In the past, it was more buyer beware, but things have definitely changed. Under strict liability, manufacturers are held responsible for any injuries from their products even if they are not negligent.
At Patel Law, PC, we explain this legal theory to all of our defective product clients. As the plaintiff, you have to prove there was a manufacturing or design defect, and that the company did not adequately warn customers. Another key element of these cases includes showing that the product was the cause of your injuries and that you were using the product in the way it was meant to be used. The law also allows for liability against a manufacturer for situations where they should have anticipated that their product could be misused in the way it was.
Examples of Danville Defective Products
Defects related to manufacturing are typically easier to prove than defects in a product’s design. Take an example of a gas fireplace that explodes when a consumer first lights it. This is evidence that the fireplace has a manufacturing defect as this was not what the manufacturer intended to happen when a consumer turns it on.
Basically, with a design defect case, it means the product was manufactured the way it was intended, but the design of the product proved to be hazardous in the hands of consumers. Design defects involve whether or not a manufacturer’s entire product line poses a potential threat of explosion. To prove a design defect, you would need to prove that certain technical choices were the cause of a faulty design. Design defect cases typically involve expert testimony.
Another challenge with proving defective product cases is what is known as causation. What this means is that the plaintiff is required to show that the product was defective when it left the manufacturer, wholesaler or distributor, or seller, and that the defect in question is what caused the injuries. If there was more than one way you could have been injured, then you would need to show that the defective product played a major role in your injuries.
In addition to strict liability, defective product cases can involve negligence, a breach of warranty, and/or misrepresentation.
Some of the most common products that can lead to lawsuits include medical devices, vehicles, chemicals, firearms, pharmaceutical products, cosmetics, tools, and machinery.
Contact a Danville Defective Product Attorney
If you need assistance after being injured by a defective product, contact Patel Law, PC, today to schedule an initial consultation.