7 Common Misconceptions About IL Product Liability Claims
Consumers expect the products they buy to be safe. Patients expect medical devices to improve their condition, not cause more harm. When these products are defective and cause injuries or illnesses, victims may qualify to obtain compensation through a product liability claim.
Many people do not fully understand what product liability claims are and if their situations qualify. Contact one of the knowledgeable Aurora, IL lawyers from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. to discuss your circumstances and learn your legal options.
Misconception: You Must Prove Negligence To Win a Product Liability Claim
While negligence is the basis for most personal injury claims, that standard does not necessarily apply to product liability cases. Strict liability, meaning that a party can be held accountable for injury resulting from a product defect regardless of intent, applies to these claims. You only need to prove that a product was defective and that your injury resulted from that defect.
Misconception: The Manufacturer Is the Only Potentially Liable Party
Although defective products may result from the manufacturing process, other parties might also be liable for them. Designers, suppliers, distributors, retailers, and other parties in the supply chain may also share responsibility.
Misconception: A Warning Label Means You Cannot Sue
Warning labels must be clear, explaining potential risks in easily understood language. Inadequate warnings or instructions may leave room for a product liability claim.
Misconception: You Must Have Used the Product Exactly As Intended
If the way you used a product is reasonable or foreseeable, even if it was not exactly the intended use, you may be eligible for compensation for the harm you suffered from using it. Defective products may cause harm regardless of how they are used.
Misconception: You Automatically Win If There Is a Product Recall
To have a valid claim, you must have suffered an injury or illness with the defective product as the direct cause. Recalls, while they may support your claim, only show that the product may be dangerous.
Misconception: Product Liability Claims Are Not Worth Pursuing
Every claimant’s damages differ, but you may qualify to receive lost wages, medical treatment costs, property damage, pain and suffering, and compensation for other eligible losses. While you may not have the time or resources to pursue a claim alone, you can trust Kinnally Flaherty Krentz Loran Hodge & Masur P.C. to handle all aspects of your case, protect your interests, and get the maximum available compensation.
Misconception: You Can Only Receive Compensation for Physical Injuries
Although physical injuries or illnesses are common, defective products can also cause other kinds of eligible losses. For instance, a defective appliance may cause a fire that destroys your property. Even if nobody was physically injured, you may still qualify for compensation. Emotional distress and other financial losses may also be eligible.
Contact Our Dedicated Aurora, IL Product Liability Lawyers Today
You need a top lawyer to achieve the best possible case outcome, and many of the attorneys at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. are recognized as being among the top 5 percent of Illinois lawyers. Call us at 630-907-0909 for your free consultation with our determined Kane County, IL personal injury attorneys.
