Defective and Dangerous Products
The lawyers at Holman & Stefanowicz, LLC have successfully handled numerous product liability claims on behalf of injured consumers including defective medical devices, dangerous access systems, dangerous machinery, and dangerous products such as bungee cords.
Product liability lawsuits are filed against a manufacturer or seller for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Everyday products which can, and often do cause injuries include:
- Dangerous drugs and prescription medications;
- Dangerous and defective medical devices and equipment;
- Dangerous children's products;
- Dangerous and defective exercise and recreational equipment;
- Dangerous and defective autos and other motor vehicles;
- Dangerous and defective industrial equipment; and
- Dangerous, tainted, and unsafe food products.
Who may be liable? Liability for a dangerous product could rest with any party in the product's chain of distribution, such as:
- The product manufacturer;
- A manufacturer of component parts;
- A party that assembles or installs the product;
- The wholesaler; and
- The store that sold the product to the consumer.
What are the theories of liability in a product liability case? There are three main theories that are used to hold defendants accountable in a product liability suit:
- Manufacturing defect – the product was manufactured in some way that it failed to meet the product specifications and this caused the injury or accident;
- Design defect – the product was manufactured consistent with the specifications, but there was a defect in how the product was designed that resulted in the accident or injury;
- Failure to warn – the product had a dangerous feature, but the manufacturer failed to properly warn the expected users of the product about the danger.
Product liability actions are complex, expensive to prosecute and establishing liability often requires the assistance and testimony of experts. The lawyers at Holman & Stefanowicz, LLC are available to help victims of dangerous and defective products, please contact us at 312-258-9700 to discuss your potential claim.
Important Client Tip:
If you are injured by a product, you must be sure to preserve the remains of the product in the condition it was in at the time of the injury. DO NOT discard the dangerous and defective product! DO NOT try to repair the dangerous and defective product! If you fail to preserve the product, your product liability case may be dismissed.
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