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When a person buys a product for their home or business, they expect that product to be safe. Unfortunately, some products are defective or dangerous, and using them can result in serious injuries to consumers. If an unsafe product caused you injury, you might be entitled to recover damages from the manufacturer or distributor under state and federal product liability laws. You should speak with a Hazel Crest defective products lawyer as soon as possible to learn how they could assist you with filing a personal injury claim against the party that caused you harm.

Types of Products Typically Seen in Product Liability Cases

Although many different types of products can harm people, product liability cases most often involve defects in the following:

  • Medical devices
  • Motor vehicles
  • Household appliances
  • Medications
  • Machinery
  • Toys or other children’s products

Legal professionals from Hazel Crest have experience litigating product liability cases involving all sorts of items.

Types of Defects Typically Seen in Unsafe Products

Product designers, manufacturers, and distributors all have a duty to design, create, produce, and sell safe merchandise. In product liability cases, courts can deem products as unsafe because of design, manufacturing, or marketing defects.

Design and Manufacturing Defects

Designers or engineers must ensure that the products they manufacture will be safe for consumers to use. When manufacturers build them based upon those designs, they similarly need to make sure that they adhere to state and federal safety guidelines and use safe materials.

Product designers and manufacturers then need to test their products for safety and quality to eliminate potential hazards before selling to consumers. Skilled local lawyers could review all relevant reports to see if the product designers, engineers, and manufacturers conducted all necessary testing before producing their product, and that federal safety guidelines were followed.

Marketing Defects

Manufacturers need to warn consumers about the risks that their products pose. They accomplish this by including instructions on proper use, and warning of any potential risks, on the product’s packaging. Dedicated attorneys could review any operating instructions to look for marketing or distribution defects. If a person sustains an injury from using a product according to its directions, or in a manner that a person would reasonably use it, then that product may have a marketing defect.

Potential Recoverable Damages

In the State of Illinois, there are no caps on the amount of damages that a claimant can recover in an unsafe products case. Injured claimants could pursue recovery for their economic damages, such as medical bills, lost wages, and rehabilitation expenses. They can also seek recovery for their non-economic damages to compensate them for their non-quantifiable losses. This could include compensation for their emotional and physical pain and suffering, to compensate them for their non-quantifiable losses.

In rare instances, where a claimant can prove that the defendant’s actions were either extremely negligent or intentional, courts may also award punitive damages, as outlined in Illinois Statutes Chapter 735, Civil Procedure Section 5/2-604.1.

Under the state’s modified comparative negligence system set forth in Illinois Statutes Chapter 735, Civil Procedure Section 1116, Illinois courts will reduce a claimant’s recoverable damages by their percentage of fault if the court finds that the claimant was partially to blame for the accident. For example, if a court finds that a claimant was 25% to blame for their accident because they misused the product in question, then the court will award that claimant 25% fewer damages.

Call a Hazel Crest Defective Products Attorney for Legal Advice

Product liability litigation involves analyzing complex rules and regulations. It is essential to work with experienced legal professionals who could interpret those laws and lay out your options. Contact a Hazel Crest defective products lawyer as soon as possible to schedule an initial consultation to review the facts of your case and see if you might be entitled to compensation for your injuries.