Have you ever been injured by a product you bought? Maybe you didn’t realise it at the time, but you could be entitled to compensation through a product liability claim. Simply put, a product liability claim is a legal action taken against the company or parties involved in making or selling a product that caused harm or injury to a consumer. This could be anything from a faulty appliance to a dangerous toy. If you’ve been hurt by a product, it’s important to know your rights and options for seeking justice.

Anyone in a product’s supply chain can be liable for product liability, whether the manufacturers, distributors, suppliers, retailers, or other parties. Product liability is a term used to describe the legal responsibility that a manufacturer (and other parties) have when their products cause harm or injury to a consumer. This means that if you were injured by a product that was defective or dangerous, you may be able to get compensation from the parties for making or selling the product which has caused you damage.

Here are some situations in which a manufacturer can be held liable for product liability claims:

  • Design Defects: Design defects are one of the three main product defects that can lead to product liability claims. If you are making a product liability claim on the basis of a design defect, the argument, typically, is that the product was defective when designed and caused an injury or harm due to its design. If a product is inherently dangerous due to a design flaw that causes injury or harm to a consumer, the manufacturer can be held liable.


  • Manufacturing Defects: A manufacturing defect also holds grounds for product liability claims. In such an instance, it can be argued that the defect occurred during the manufacturing or assembly process and contributed to harm. Even if a product is designed properly but is defective due to an error in the manufacturing process, a manufacturer can still be held liable if that defect causes injury or harm to a consumer.

  • Failure to Warn: If you get hurt by a product because the manufacturer didn’t give you enough warning or instructions about how to use it safely, you might have a product liability claim. This means you can hold the company responsible for any harm caused by their failure to warn you about potential risks associated with using their product. Manufacturers are required by law to provide adequate warning, instruction and full information on the effects of using their products. And if this lack of complete information caused harm to you, you are liable to a compensation,

  • Breach of Warranty: Sometimes, a product doesn’t live up to the promises made by the manufacturer or other parties in the supply chain. If this happens and you come into harm because of it, you might have a product liability claim. You can hold the manufacturer responsible for any injuries or harm caused by their failure to meet the express or implied warranties related to their product.

If you have been injured by a product and want to file a product liability claim, you will need to prove that the product was defective and caused your injuries or damages. This can involve gathering evidence like medical records, witness statements, and expert opinions about the product. An expert personal injury attorney can help you do this and present the court with evidence that a product brought you harm, and the manufacturer is responsible.

It is important to note that product liability laws and standards of proof differ by the state. If you believe you have a product liability claim, it is important to consult with an experienced attorney in your local area to determine your legal options. Contact us here if you live in Illinois and are seeking compensation for damages.

The Law Offices of Lamb, Carroll, Papp and Cunabaugh provide a range of legal services to businesses. We can help ensure smooth business operations for you and guarantee you have solid legal representation in case of any events. Explore our services here.