Product liability cases can often be difficult to prove. Knowing the difference between the various types of product defects can help you to better understand the validity of your claim.
Manufacturers have a duty to consumers to provide products that are neither defective nor dangerous. When a defective product enters the market and injures a consumer, all those involved in the manufacturing chain, including the manufacturer, wholesaler, and even store owner, can be held liable.
In order to have a successful products liability case in Chicago, you must prove that the product in question is defective and that the defect is the cause of your injuries. There are three types of defects that incur product liability: design defects, manufacturing defects and marketing defects. A product liability lawsuit can be filed based on any one of these types by themselves or in combination with another defect.
Design effects are inherent to the product; they exist before the product is manufactured. While the item in question might actually serve its purpose well, it can be dangerous to use due to its design flaw. Design defects can be difficult to prove, and a plaintiff must be able to prove that there is an alternative design that would be safer, as economically feasible as the original, as practical as the original, all while retaining the purpose of the original item.
Manufacturing defects, on the other hand, occur during the construction or production phases of the item. In this case, only a few products out of the many produced are actually flawed. These defects are not intended but occur when a product departs from its intended design. This departure from the intended design actually results in a product that is less safe than the original and brings harm to the consumer.
Marketing defects are based on inadequate warnings or improper instructions. Some products may be unavoidably hazardous, but it is a manufacturer’s responsibility to warn consumers of this, so that all possible injuries can be avoided.
Consumers should realize that they have rights when it comes to being harmed by products they purchased in good faith. If you believe you have been injured as a result of a defective product, you should contact a Chicago personal injury lawyer who can help you gather the necessary evidence to prove your case and advise you of your rights to compensation.
Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.
