As a consumer, if you feel you are the victim of a product or service that caused you emotional, financial or physical harm, you may want to seek compensation through legal means.
A product liability lawyer has many possible legal arguments on which to base a case and help you recover damages.
Negligence – To recover damages using an argument of negligence, a plaintiff’s attorney must prove five elements:
- The manufacturer owed a duty to the plaintiff
- The manufacturer breached that duty
- That breach was the actual cause of the plaintiff’s injury
- The breach was also the proximate cause of the injury
- The plaintiff actually suffered damages as a result of the negligence
False or Misleading information – A claim can also be filed based on misleading information conveyed by the manufacturer of a product. If a person relies on that information and is injured as a result, then the defendant can be sued based on the misinformation only, whether or not the product was deficient.
Warranty – A warranty is a guarantee a seller gives regarding the quality of a product. If the product’s quality is less than what is represented, the seller could be in breach of the warranty.
Strict Liability – Under Section 402A of the Restatement of Torts, a manufacturer is liable for product defects that take place during the manufacturing process. This has also been extended to include cases that do not include manufacturing, but instead involve a failure of a manufacturer to provide ample warnings.
On the other hand, a product liability suit may be defended by the claim that a plaintiff used a product in a way other than how it was originally intended to be used or that the plaintiff was negligent in how they used a product.
Product liability can be complicated on either side of a case, and it’s best to consult an attorney early on if you are involved in one of these situations.
The Law Offices of Lane Brown proudly serve the city of Chicago and the surrounding communities.
