Remember when you were a kid and would give your dad a gift like a tie, coffee mug, or paperweight for Father’s Day? The gift-buying process has gotten a lot more complex since then. These days, you might be gifting Dad with the latest and greatest power tools, sports equipment, or high-tech electronic gadgets.
The fancier the gizmo, however, the more likely it is to have a defective part. If you or your own father suffer injury this Father’s Day because of a dangerous product, a Chicago defective product lawyer may be able to help.
What Is a Defective Product?
Under Illinois law, a product commercially produced and distributed may be considered defective if one or more of the following is true:
- It is found to be unfit for its intended use.
- Its normal use is dangerous or harmful.
- The product lacks proper instructions for its safe use.
- It is dangerous because of the way it was designed, assembled, or manufactured.
What Causes Defective Products?
- Defective manufacturing. Manufacturing errors are unfortunately common. Most of the time they are more inconvenient than anything else, but sometimes manufacturing defects like a missing component or broken part can cause catastrophic injuries.
- Defective design. Some products are dangerous by design. They are not defective because of any error during manufacturing, and may have previously passed tests for safety. However, with real-world use, the product’s design may be responsible for injuries. A common design defect is when a product is not strong enough to support the advertised weight limit. This can sometimes be seen in ladders and step stools, causing slip and fall accidents.
- Failure to warn. A product that does not include adequate instructions or warnings may be considered a defective product if an injury occurs with its reasonable use. In order to be considered defective, the missing instructions must be something that would not be obvious to the user.
Is There Legal Recourse for Those Injured by Defective Products?
In many cases, injured victims may be eligible to file a personal injury claim against a responsible party. In order to succeed with a defective product claim under Illinois product liability law, you must prove four key elements:
- You or a loved one suffered injury or wrongful death because of the product.
- The product is defective.
- Your injury was a result of the product’s defect.
- You were using the product according to its design and intention at the time of the injury.
If you or a family member suffer injury from the use of a defective product, you may be able to pursue both compensatory damages and punitive damages. These damages can include compensation for your economic losses, such as medical expenses and lost wages, and non-economic losses, including pain and suffering or loss of consortium.
How Do You File a Defective Product Claim?
If you or a loved one is injured by a defective product, your first priority should be securing medical care for the injured person. After your injuries have been treated, you’ll want to do some research.
Did the company recall the defective product prior to the injury? Did they take the appropriate steps to notify consumers?
Next, gather as many supporting documents as you can and contact a Chicago defective product lawyer to help you decide whether you might have a case.
Chicago Defective Product Lawyer on Your Side
No one wants to give a gift with the intention of injuring the recipient. This is especially true on Father’s Day. Unfortunately, dangerous and defective products do make it to the market. If your Father’s Day gift results in injury to your dad or anyone else, know that you have rights.
When trying to figure out where to turn, look no further than the law firm of Lerner and Rowe Injury Attorneys. We bring the experience, skill, and passion to your case to make sure you receive the compensation you deserve. Furthermore, our team is dedicated to helping you carry the emotional burden of an injury so that you can focus on recovery.
We know that injuries from defective products do not always occur during regular 8:00 a.m. to 5:00 p.m. office hours. That is why our Chicago defective product lawyers are available 24/7, 365 days a year to take your call at 708-222-2222 or answer your request for a LiveChat online. Our consultations are free, and we will not charge you a fee unless we win your case.