Product Liability Lawsuit, What is it?

Wednesday, February 8, 2023

Product Liability Lawsuit, What is it?

Written by Malman Law, reviewed by Steve J. Malman.

When you purchase a product from a company that is manufacturing, distributing, and selling to the public, there are guidelines in place to protect consumers in the event of an injury caused by the use of that product. A product liability lawsuit is meant to hold the company that made those dangerous products available to the public for purchase liable for the injuries that the product caused.

The Elements of a Product Liability Lawsuit

A product liability lawsuit holds the seller or the manufacturer of a product responsible for releasing a dangerous or defective product to the marketplace. When a consumer of the product makes a liability claim against the seller or manufacturer, they will typically need to prove the following:

  1. The consumer purchased a product in the marketplace, and that product contained a manufacturing or design defect.
  2. This defect in the product that was sold is what resulted in the product being dangerous to the consumer.
  3. Because of this defect, it is unsurprising that the consumer was injured by the product that they purchased.
  4. The injured consumer sustained damages due to the use of this defective product.

There are many nuances of a product liability claim. Those who have been injured by a potentially defective product should speak to an experienced personal injury attorney as soon as possible to learn more about their different options and how to proceed.

Different Types of Product Liability Claims

Those who have been injured by a product may wonder if their injury could result in a product liability claim. Although there are many different avenues that a case may take, the majority of product liability cases are based on one of these three legal theories: strict liability, breach of warranty or contract, or negligence.

  • Breach of warranty – it is common for certain products to come with a warranty that acts as a guarantee that the product will perform as intended. A breach of warranty occurs when the manufacturer or seller of the product fails to perform as it is supposed to. In some cases, a breach of warranty can result in serious injuries.
  • Strict liability – regardless of whether or not the consumer used the product negligently or as intended, if that product is defective and causes an injury, there could be a strict liability claim against the manufacturer, distributor, or seller.
  • Negligence – The seller, distributor, or manufacturer of a product owes the consumer a “duty of care” to prevent the risk of injury and harm when a consumer uses a product. If this duty of care is violated and someone is hurt, there may be a liability for damages.

Speak with an Experienced Chicago Attorney Right Away

If you have suffered from an injury caused by a product that you purchased, it is advisable to learn more about your options. Reach out to the skilled Chicago Personal Injury lawyers at Malman Law to discuss the details of your case. Contact Malman Law today to schedule an initial consultation or fill out our form online with any questions you have, and we will get back to you right away.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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