What are the elements of a product liability claim?
As a consumer, you want to be certain that the product you are using is safe as long as you use it as instructed. Unfortunately, it is not uncommon for defective products to reach consumers. In fact, defective products cause thousands of injuries and fatalities every year.
If you sustain an injury that is attributable to an unreasonably dangerous product, you may be eligible for compensation through the Illinois defective product lawsuit. However, like any other legal matter, you need to prove your case. Here are important elements of product liability claims that you need to understand while pursuing your claim.
You sustained an injury or suffered a loss
The first element of a defective product claim is linking the product to your injuries or damages. If you did not sustain an injury or suffer damages, your claim may not be viable. You cannot pursue a claim for what “almost happened.” In other words, without actual injuries or damages, you cannot file a claim.
The product had defects
You have to demonstrate that the product in question had defects, and these defects resulted in injuries and/or damages. A product can be defective in the following ways:
- If it is unreasonably dangerous to the average consumer – to file a defective product claim, it must be established that the product was inherently dangerous because of the way it was designed. You may need an expert witness to prove this.
- If there was a mishap during its production – this claim asserts that a mistake happened during the product’s production, resulting in a malfunctioning product.
- If the manufacturer did not issue an adequate warning – a manufacturer is required to provide a reasonable warning and user guide to ensure safe use.
If you sustain an injury or suffer other damages that are attributable to a defective product, you need to understand what it takes to pursue a successful product liability claim.