Top Chicago Defective Product Attorneys
Product liability refers to the legal responsibility of manufacturers and retailers to ensure that their products are reasonably safe. If a product is defective or unreasonably dangerous, and someone is seriously injured or killed as a result, the product manufacturer and retailer is liable.
There are various federal and state laws in place to protect the public from unreasonably dangerous products. Unfortunately, manufacturers continue to design, manufacture and distribute defective products with disastrous consequences.
To investigate a suspected product liability case involving serious injury or death, you must contact an experienced attorney as soon as possible. Passen & Powell has successfully represented clients in defective product cases for over 30 years in the Chicago area, as well as nationwide. We deeply understand product liability law, and we are trusted trial lawyers who will aggressively protect your interests.
Product Liability Cases
Product liability cases often involve the following issues and products:
- Automobile design
- Household products
- Industrial machinery and equipment
- Farm machinery
- Flammable products causing explosions or burns
- Aviation products
- Medical devices
- Vehicle accidents
- Car seats
- Defective cribs
- Unsafe toys
- Pharmaceutical drugs
The United States Consumer Product Safety Commission (CPSC) regulates consumer products and provides information on recalls of dangerous products. Other governmental entities regulate other types of products that are designed to protect people from unnecessary injury or death.
Defective Products Claims: Theories of Liability
Manufacturers may be liable for injury or death caused by a defective product under three separate legal theories: negligence, strict liability, and breach of warranty.
A manufacturer may be liable for injury or death caused by failure to exercise ordinary care in several ways, including the following:
- Negligent Design
- Failure to adequately test and inspect
- Failure to provide adequate instructions, warnings and labels
- Failure to issue an adequate recall notice
If a product is defective, the manufacturer may be held liable for resulting injury or damage, even without proof of negligence. To prevail, the plaintiff must demonstrate that a defect (unreasonably dangerous condition) existed at the time the product left the manufacturer’s hands, and that the defect caused an injury.
Breach of Warranty
Many products come with some sort of a written warranty or guarantee. A breach of warranty claim (either “express warranty” or “implied warranty”) involves a claim that the defective product violates that warranty.
Moreover, there may also be viable claims for intentional misrepresentation of fraudulent concealment if the plaintiff can show that a defendant knew of a dangerous defect and deliberately concealed the danger or used intentionally misleading statements in the marketing of the product. Such claims are rare, but nonetheless occasionally occur.
Call to Discuss a Potential Product Liability Case
We would be happy to discuss a suspected case of serious injury or death caused by a defective or unreasonably dangerous product. For a free consultation, please call us at (312) 527-4500, email us at email@example.com, or fill out an online case evaluation.