According to Forbes, 11.7 million Americans ended up in emergency rooms due to injuries resulting from the use of consumer products in 2021 alone. Manufacturers have a legal obligation to ensure their products are safe for their intended use when released into the consumer market. When an individual, or multiple individuals, are injured or lose their life as a direct result of a faulty product, they have the right to demand compensation for damages by filing a defective products case.
A defective product case, also known as a product liability case, is a civil claim brought against any person or entity involved with getting a product into the hands of consumers. Some of the potential liable parties could include:
- Retailer or vendor who sells the product
- Wholesalers who sell the product to vendors, retailers, or other resellers
- The manufacturer of the product
- The manufacturer of any parts used in the product
- The company or any individual that assembles the product
- Any company or individual that installs the product
- The designer of the product
Why You Should Take Legal Action in Product Liability Cases
Consumers have the right to expect not to be injured in any way when they purchase and use products as intended. When a personal injury occurs because a product failed, an individual might find it difficult to decide whether or not to file a defective product liability claim. Here are a few reasons why taking legal action in a product liability case can benefit both you and your fellow consumers.
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Receive Compensation for Damages
Faulty products can result in a wide range of suffering including major damage, serious injury, and in the worst case scenario, death. Additional damages an individual could be compensated for might include lost wages, unexpected medical bills, pain and suffering, and emotional distress. Filing a defective product claim can help relieve the financial burden brought upon you and your family as a result of a flawed product that should not have been placed on the market.
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Obtain Justice for You or Loved Ones
When you or your loved one suffers an injury that could have been avoided, it isn’t unreasonable to want justice to be served. This couldn’t be any more true than in the tragic event that a loved one loses their life due to a defective product. Filing a product liability case can help those who have suffered damages find peace knowing they fought for themselves, their loved ones, and all the other consumers who were negatively impacted by a faulty product.
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Prevent Future Injuries or Losses
When you file a defective product lawsuit, you are sending the message to manufacturers and other potentially liable parties that consumers like yourself will not stand for their products to continue to cause injury, death, or any other damages. The large settlements awarded to those affected by flawed products may prompt liable parties to increase safety testing and quality control procedures, reducing the likelihood of another incident.
Common Defective Products
When a product malfunctions and causes injury to an individual, it isn’t uncommon for that person to attribute the damage to some fault of their own rather than a product issue created during manufacturing or somewhere along the chain of distribution. Here are some of the most common defective product categories in which consumers in the United States file claims each year.
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Medication
Some examples of defective medication products include:
- When makers of pharmaceutical drugs know of serious side effects and risks, but do not disclose this information to the public
- When pharmaceutical drugs have been mislabeled
- When pharmaceutical drugs have been tainted by contaminants or the wrong ingredients during production
- When makers of pharmaceutical drugs do not provide adequate instructions about proper usage or warnings concerning usage
- When pharmaceutical drugs are falsely marketed and are advertised to do more than they are capable of doing
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Medical Devices
A defective medical device can range from women’s contraceptive devices to the defibrillators found in hospitals. Some of the most recent medical device lawsuits include:
- Women who have developed anaplastic large cell lymphoma from breast implants
- Individuals who have suffered a stroke during or after having stent-assisted coiling procedures
- Serious side effects caused by metal-on-metal hip implants
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Children’s Toys
Nothing is more frightening than seeing your child harmed by their favorite plaything. According to USA Today, more than two dozen toys that posed a risk of injury were recalled in 2022. A few of the toys removed from shelves include:
- Blue’s Clues Foot to Floor Ride-On Toys
- HABA Discovery Cubes Animal Hide-and-Seek Toys
- Asweets Wonder & Wise Activity Tables
- Monti Kids Wooden Push Toys
- DigitDots 3mm & 5mm Magnetic Balls
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Automotive Parts
Product liability cases that involve defective auto parts are some of the most publicized lawsuits in the U.S. This is most likely because a significant amount of these faulty products are components that are meant to keep us safe when we are in our vehicles. Some of the most common defective auto parts include:
- Airbags
- Seatbelts
- Brake Systems
- Steering Components
- Fuel Pump
- Headlights
- Windshield Wipers
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Home Improvement Tools
Defective home improvement tools, such as electrical equipment, power drills, and saws, can cause serious injury when they malfunction. In recent news, DeWalt recalled over 1.3 million miter saws due to potential laceration and projectile hazards. The company received 571 reports of the rear guard breaking or detaching from the saw with 9 of those reports citing laceration injuries.
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Lawn & Garden Equipment
Defective lawn and garden equipment can also cause major damage. In 2022, several mowers were recalled due to risk of injury or fire hazard. Some of these mowers include:
- More than 26,000 Sun Joe cordless lawn mowers
- Over 1,700 Troy-Bilt Walk-Behind Self-Propelled lawn mowers
- Approximately 160 John Deer X380 and X390 lawn tractors
What You Need to Know About Defective Products Cases
There are several important things to consider when filing a defective product case.
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There is a “Statute of Limitations”
In the State of Illinois, you have two years from the date of injury to file your claim. For more details on the statute of limitations, contact our office.
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Marketing Defects Can Be Included
Many people are under the impression that only defects relating to the manufacturing and design of a product are liable for legal action. This assumption is incorrect. Marketing defects might include a mislabeled product, failure to reveal potential warnings or risks when using the product, or neglecting to provide proper safety instructions on how to use a product.
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There Can Be More Than One Defendant
Multiple parties can be held liable in a defective product case. Potential defendants might include the product designers who created a defective design, the manufacturer, the wholesaler, the retailer, and any other persons and entities in the chain of distribution of the faulty product. It is recommended that you consult with an experienced personal injury attorney in order to create a detailed account of the liable parties.
Defective Product Attorney Chicago
If you or a loved one is looking for an experienced defective product lawyer in the Chicago area, contact Zimmerman Law Offices. Our law firm has represented victims of serious injuries caused by dangerous products including prescription drugs, defective hip and knee prosthetics, defective auto equipment, as well as the youngest of victims seriously injured by defective baby formula.
Zimmerman Law Offices, P.C. has obtained verdicts and settlements totaling more than $350 million and is dedicated to fighting for the rights of America’s consumers like you. Contact us at 877-440-0020 to schedule your free initial consultation.
