If you have became injured or otherwise harmed while using a product in Illinois, you may wonder if you are eligible for compensation. The more serious the injury and the more expensive the resulting medical bills, the more important this may be for you and your family. Whether you have a case or not may come down to how easily the defect fits into predesignated areas.
Here are the three main types of defects Cornell Law School identifies as creating liability cases:
- Manufacturing defects
- Defects in marketing
- Design defects
These are errors that occur while the manufacturer makes or assembles the product. In this case, not every product may have a flaw. Only a few out of a batch or a very specific batch may have manufacturing errors.
Defects in marketing
Sometimes, when a company markets its products, it may fail to warn potentials users about the risks involved. It may also provide improper instructions. This may result from a lack of oversight and negligence or the company may have deliberately failed to provide accurate information.
Design defects may affect every product the company creates. It exists before the actual product ever came into being. While the item may serve its intended purpose, it may also have unintended consequences. In every state except California, Alaska and Hawaii, the burden of proof rests with the plaintiff.
Treatment by the law
Generally speaking, the law considers product liability a strict liability offense. Even when the burden of proof lies with the plaintiff, should that individual prove the product’s defectiveness, the company becomes liable. This tends to remain true regardless of whether the defect was intentional. Even if the manufacturer took great lengths to check for defects and missed just this one, the law may still hold them accountable.
Product liability cases can prove difficult for many people. Going up against corporate giants can feel nerve-wracking. However, without doing so, dangerous products may remain on the market and pose a threat to millions of people.