Poorly designed products afflict virtually the entire consumer market, including pharmaceuticals, automobiles, household appliances, and more. Unfortunately, injuries from defective products are all too common and could cause consumers thousands of dollars in damages, both to personal property and to consumers themselves.

Taking on a manufacturer or another big company could be intimidating, but you do not have to go through this process alone. Let a Dolton defective products lawyer guide you through the complicated legal landscape. A skilled personal injury attorney could help you learn about all your legal options and identify which may be best-suited to your case.

The Failure of Warranties

A warranty is a guarantee by a manufacturer or seller that a product will function in a certain way. An individual may be entitled to compensation if the product does not function like the warranty said it would, depending on the specific circumstances and what type of warranty is involved.

Express Warranties

Express warranties are guarantees that are expressly given by the producer or manufacturer that a product will function in a certain way. Whether they are oral promises or written statements, they must merely relate to the product or induce a person to purchase the product to qualify as express warranties, according to 810 Illinois Compiled Statutes 5/2-313.

Implied Warranties

Implied warranties are implicit guarantees that are put into the sale of any good. There are two subtypes of implied warranties:

  • The implied warranty of merchantability – the product will be merchantable, meaning it will work like other similar products in the market
  • The implied warranty of fitness for a particular purpose – the seller knows or has reason to know that the buyer relies on the seller and that the buyer will use the product for a specific purpose

Product Liability in Dolton

There are two primary ways of holding a producer liable for product harm in Illinois, the first of which is negligence. To prove legal negligence, a plaintiff must prove the following key elements:

  • Duty of care
  • Breach of duty
  • Proximate cause of an accident
  • Damages sustained from that accident

A plaintiff could use this type of legal claim for a broad array of product defects. However, there are nuances to every negligence case depending on the product involved. An experienced attorney could help a plaintiff work to prove the defendant’s negligence in court.

Strict Liability

As an alternative to negligence, a plaintiff could bring a strict liability claim. Under certain circumstances, a company may be liable for injuries stemming from a product defect no matter whether traditional negligence played a role in the accident or not.

Strict liability may apply to anyone who has placed a product in the chain of commerce. To prove strict liability for a defective product, the plaintiff and their attorney must prove that an unreasonably dangerous defect in a product caused a compensable injury and that the defect in question existed when the product left the manufacturer’s control.

A strict liability claim is often easier to prove because a manufacturer’s reasonable actions would not allow them to escape liability. However, it may still be best to speak to a seasoned defective products lawyer in Dolton to learn more about strict liability and how it may affect an individual case.

Speak to a Dolton Defective Products Attorney

Being injured due to a defective product could be stressful for any individual. However, with the right legal representative in your corner, you could work to ensure that you are in the best position to be compensated for your losses.

A dedicated Dolton defective products lawyer could guide you through the legal process and fight on your behalf for fair compensation. Call today to get started on your claim.