When buying consumer products off the shelf at retail or wholesale outlets, we expect that those items will be safe when used as directed. Every year, however, consumer products are recalled by the Federal Drug Administration (FDA) for various faulty reasons and every year consumers or their children are harmed by defective or dangerous products. When such injuries occur, you may be entitled to compensation for your injuries and damages in a personal injury claim falling under the label of “product liability.”
At The Rooth Law Firm, we practice personal injury law exclusively which has given us a deep understanding of the law, how to investigate and build claims, how to deal with insurance companies that may try to deny or reduce their liability, and how to relentlessly pursue our clients’ best interests at the negotiation table or in court. Product liability claims can be very complex and challenging which is why we recommend that you reach out to us as soon as possible following any injury you have suffered that falls under product liability law. We can review your situation to determine if you have a valid case that should be pursued for the compensation you need and deserve.
Connect with The Rooth Law Firm at (847) 869-9100 or through our online contact form to schedule a free consultation about your case.
Product Liability Law Information
Product liability claims require proving four basic elements in order to succeed. These elements begin with the fact that you used the product as directed or as it was intended to be used. In using it, you found it to be defective which led to your injury and actual damages, such as medical expenses or lost income. The final element is to show that defect in and of itself was the reason for your injury or loss. These claims are generally made against the manufacturer and others who sold the product.
An example of this is a defective tire that leads to a blowout causing a car accident in which you are injured. The defective tire was the cause of your injuries which led to emergency room treatment, a damaged car, lost time at work, and other losses.
Defective products can be faulty in various ways. The different types of defects can include defects in the way the product was designed, defects in how it was manufactured, or defects in its marketing, such as failing to warn of any potential dangers associated with using it or poor or inadequate directions for its use.
Products that are commonly found to be defective and thus the basis of product liability claims include but are not limited to:
- Cars and car components, such as seat belts, tires, brakes, fuel lines, air bags, and more
- Children’s toys and gear, such as car seats, strollers, cribs, and more
- Tools, such as power drills, saws, scaffolding, ladders, and more
- Machinery and machine parts
- Medical drugs and devices
- Food products
Examples of defective products that have led to product liability claims include the weedkiller Roundup and the heartburn medical drug Zantac facing claims of causing cancer, diet pills containing fen phen that led to heart damage and heart attacks, and contaminated lettuce sold at various grocery stores causing illness in consumers. In many defective product cases, such as in Roundup, class action lawsuits resulted in which large numbers of people united into one unit to pursue compensation against the manufacturer.
Contact The Rooth Law Firm to Discuss Your Case
Filing a product liability claim can be a complex and challenging matter. You will likely be dealing with a large corporation that has its own legal team looking out for its bottom line. You will need an equally knowledgeable and aggressive attorney who knows how to put a case together and how to forcefully pursue what is in your best interests. If you or someone you love was harmed by a defective or dangerous product, we strongly advise that you speak to our Evanston product liability attorney as soon as possible.
Contact us at (847) 869-9100 to make arrangements to discuss your case with our attorney today.