Tort law – personal injury

By on Jan 25, 2016 in Personal injury, Tort law |

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If a person suffers any injury while using a certain product then you may have a defective product liability claim. According to the US law, every manufacturer, distributor or retailer is obliged to respect some duties. If the product has caused any harm and injury then they can be held responsible. As a result, the injured person has the right to file a personal injury claim. A defective product liability claim usually includes the following cases: manufacturing defect of the product, the defect in design, a fail to warn potential customers or false advertising.

Manufacturing defect includes errors which are made during one of the manufacturing stages during the manufacturing process.Defect in design are errors that are made in the design of the product, that is before the product is created.A fail to warn customers means that manufacturers fail to provide adequate warnings or instructions and potential risk of using the product.

If you assume that you have the defective product liability claim then you must be sure that your case has all for legal means for establishing liability. Namely, every defective product claim must prove that there are negligence, strict liability, breach of warranty and false advertising.

harassmentNegligence means that the other party fails to take reasonable care but it had the legal responsibility to do so.
Strict liability means that the manufacturer or the retailer is responsible for any injury or damage that the defective product can cause. You must prove that the product was defective and that it caused your injuries.

Breach of warranty includes the fact that the manufacturer fails to uphold a promise about the product. False advertising means that consumers believe that the product is safer or better than it really is. They are also not familiar with potential risks.

If your defective product liability claim includes all required elements then you can initiate your personal injury claim. But before you start your procedure, it would be wise to consult a personal Injury attorney Chicago linked here who specializes in the defective product liability. These cases may be very complex and tricky, so the knowledge and experience of your lawyer will be priceless.