Wrongful Death and Product Liability | Experienced Illinois Attorney
When we buy something new in Illinois, we never expect that product to cause us injury or death. Sadly, product liability cases happen more often than you think, with product liability accounting for 7% of all personal injury cases. When it comes to wrongful death and product liability, it’s important to know what you’re up against. An Illinois wrongful death lawyer can be there for you. Illinois attorney Jesse Guerra is a seasoned law professional whose experience has taught him how to hold companies accountable when their defective products cause a wrongful death.Defining Product Liability
Product liability is the part of the law that governs cases concerning unsafe or defective products. Product liability applies to nearly all kinds of consumer goods including foods, pharmaceuticals, real estate, and commercial products.
When a wrongful death occurs, a number of parties are potentially liable depending on the circumstances of the case:
A product goes through multiple stages before coming to market, and knowing what stage of the process caused the product’s defect will be important for making your case. If you have questions about product liability, talk to an experienced Illinois attorney.Ways That Product Defects Can Cause Wrongful Death
In product liability cases, there are usually three main ways that a product can cause a wrongful death:
- Design defect - Sometimes, an initial design flaw of a product can make it dangerous. For example, if a table saw is created that doesn’t have the proper protective guard to keep its users safe, the designer could be held responsible for any injuries that occur because of this design defect. Speak with an attorney if your loved one was killed because of a design defect.
- Assembly or manufacturing error - When a product is improperly assembled in the manufacturing stage, the product can be defective and pose a serious threat to its users. If your loved one was killed by a manufacturing error, it’s important to preserve evidence of the broken product. Your lawyer will use this evidence to make your case.
- Failure to warn - Lastly, the seller and/or manufacturer can be held responsible for injuries or death if they fail to warn customers about all the potential hazards a product can pose if used improperly. If a product is flammable, for instance, and the manufacturer fails to warn about that hazard, that may be grounds for liability.
In an Illinois product liability case, there are two ways to prove someone in the chain of distribution of a product should be responsible for the damages caused by the death of your loved one:
- When a company is negligent in designing, assembly, or warning customers, they can be held liable for damages. Everyone in every step of the distribution chain of a product owes the potential customer a duty of care. When that duty of care is breached due to negligence, they can be held responsible for a wrongful death.
- Strict liability
- If a defective product causes someone harm, the manufacturer, seller, or other party involved in the creation of the product may be held liable. To prove strict liability, you must prove a defect of the manufactured product caused the wrongful death, the defect was unreasonably dangerous, and the product had this defect at the time it left the manufacturer’s control.
If you have questions about proving product liability, talk to an Illinois wrongful death lawyer.Fighting Against The Wrongful Death of Your Loved One
Product liability is a complicated area of law. It’s important to talk to an experienced Illinois attorney if a defective product caused the death of your loved one. Illinois attorney Jesse Guerra has helped countless victims of wrongful death get justice for their lost loved one. You can learn more about his experience as a Carabin Shaw lawyer here. Call today for a free consultation at 1-800-555-0101.