When you purchase a household product, whether it is a cleaning liquid, toy, or tool, you expect it to be safe for its intended use. For instance, if it is an all-purpose kitchen cleaning product, you expect it to be safe to touch and use on typical countertop and appliance surfaces. If it is a small drill, you believe it will be safe and efficient to use to hang a painting. However, despite your trust in the safety of the products you buy off the shelf or online, there are times when the items you purchase are defective and lead to injuries.
If you are now suffering from injuries and have medical bills from a dangerous product, contact the Belleville product liability lawyers of Cates Mahoney, LLC at 618-277-3644. We can review your situation and advise you on your rights and legal options.
Defective Household Products
There are millions of products available for sale every day. When these are designed, created, and used properly, there should be only a small risk of injury. However, when something goes wrong between the idea for a product and its eventual sale, you could end up in possession of a defective and dangerous item. A few common household products that may cause injuries when defective include:
- Electric blankets
- Exercise equipment
- Fire and carbon monoxide alarms
- Grooming or hygiene items
- Heavy furniture
- Home appliances
- Lawn equipment and tools
- Power tools
- Space heaters
- Toxic or corrosive cleaning products
If you bought a product, used it properly, and were injured, then you may have the right to bring a legal claim against one of the parties responsible for the design, creation, and sale of that item. However, a product liability claim based on a defective household product can be complex. It is best to speak with an experienced Illinois product liability lawyer first to understand your rights, legal options, and potential compensation.
Types of Household Product Defects
A product liability claim is based on the allegations that you were hurt by a product that was defective because it was not planned or made correctly or it did not come with the proper warnings. If you wish to move forward with a product liability case based on a defective household item, you will have to be able to prove one of three types of defects:
- Manufacturing defect – This type of defect means there was a mistake made during production. The product was not made in accordance with all of its design specifications, and because of this flaw, it is now dangerous to use.
- Design defect – In this type of defect, a product was created properly, yet its original and intended design is not as safe as it should be.
- Warning defect – A warning defect means a product was designed and manufactured properly, yet the product was dangerous in a way that was not immediately obvious and did not contain warning labels. Since the hazard was not obvious, you may have not known to avoid certain actions or uses of the product. Had the product contained proper instructions or warnings, you would have been able to avoid harm.
Types of Product Liability Claims
Product liability claims become complex not only because of the different types of a defects you may have to prove, but also because of the various product liability theories that allow you to recover compensation. Illinois enables you to bring a product liability claim based on one or multiple legal theories, which each have unique elements you must prove.
If you were injured due to a defective household product, you may be entitled to bring a product liability based on:
- Strict liability – If you seek to recover compensation based on a designer, manufacturer, distributor, or seller’s strict liability, then you do not have to prove that this entity was negligent. Instead, you are saying that the product was so dangerous that the party is liable just for its involvement in bringing the product to market. The party may be responsible for compensating you for your injuries even though it did not improperly design, make, or label the product.
- Negligence – You can also seek to show that the other party is liable for your injuries because they were negligent. This means the entity did not uphold its duty to you as a consumer by providing a safe product. Unlike a strict liability claim, under a negligence theory you are alleging the entity did something wrong.
- Breach of warranty – This theory is quite a bit different than a strict liability or negligence case since it is based on your contractual relationship with the other party. Under a breach of warranty claim, you allege that the entity did not uphold an implied or explicit promise it made to you with regard to the product.
Potential Compensation Through a Product Liability Claim
If you move forward with a product liability claim based on one of the above theories, then you can ask for compensation for your:
- Disfigurement or Disability
- Emotional distress
- Loss of earning capacity
- Loss of normal life
- Lost wages
- Medical bills
- Physical pain and suffering
Call Our Belleville Defective Household Products Lawyers Today
After an incident with a defective product, you may be in pain and angry that the item you purchased was not as safe as it should have been. At Cates Mahoney, LLC, we understand your emotions may vary during this time, which is why we are here to provide you with objective yet compassionate guidance. We have the knowledge, experience, and resources you need to investigate your situation and advise you on your legal options.
At Cates Mahoney, LLC, we have a track record of success and have built a strong reputation on fighting for our clients to receive maximum compensation for their injuries. We have obtained million and multi-million dollar settlements and jury awards. We are confident we can help you.
Call us today at 618-277-3644 or use our online contact form to schedule a free consultation.