Every year, there are countless instances in the US where consumers are injured by a defective or dangerous product. If you are one of them, you may have a valid defective product liability case. As a defective products attorney in Chicago is intimate with the laws that apply, you are advised to discuss your case with such an attorney to determine if you have a case.
There may be minor variations in what you must prove from one jurisdiction to another but in general the laws that apply to defective products requires that you are in a position to prove what are referred to as the “elements.”
* You sustained injury or suffered a loss
* The product is truly defective
* It was the defective product that caused your injury or loss
* You were using the product properly
You sustained injury or suffered a loss: With products there are plenty of things that “almost happen” but don’t. There must be actual injury or loss if you are to lodge a defective products claim.
The product is truly defective: You must prove to the court that the product that was the cause of your injury or loss was defective. There are a number of possible claims that can be made.
Manufacturing error: You must prove that the product was manufactured incorrectly (this is generally easy to prove).
Design defect: This element may be harder to prove. Your premise is that the product was produced properly but it was the design that was flawed in the first place. The fact that a product is dangerous does not necessarily mean the manufacturer is liable in the event of an injury. Knives are sharp, but they are supposed to be. If you cut yourself, it cannot be argued that it is the fault of the knife.
Failure to warn of danger: This is easier to prove than design defect. The design may be defective if your defective products attorney in Chicago can prove that the dangerous component is not obvious to a typical consumer. In a case like this the argument will be based on the fact that the warnings and/or operating instructions were vague and insufficient to point out the danger.
Product liability or defective product cases are notoriously difficult to pursue. If you have reason to believe that your claim includes the four elements you should seriously consider hiring an attorney skilled in defective product claims.
If you have suffered an injury or loss and you believe a defective product is to blame, you should hire a defective products attorney in Chicago. You are invited to discuss your case with Zimmerman Law Offices. Visit them online at defective products attorney in Chicago
