Product Liability Attorneys in Belleville, Illinois

On a daily basis, people are purchasing goods with the expectation that those items will work or perform in the way that they were intended. It is an unfortunate reality, however, that sometimes the products are faulty or the company which produced them was negligent during the manufacturing process, and these defects in the products can make them potentially harmful or dangerous for the consumers who buy and use them.

At Nelson & Nelson in Belleville, Illinois, our experienced product liability attorneys understand how challenging it can be to obtain compensation and justice after having sustained injuries or lost a loved one as a result of a product defect, and we are dedicated to representing your interests and fighting for your rights as an injured party. We offer a free, no-obligation consultation to discuss your case, so contact us about your defective product injury or wrongful death.

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Types of Defective Product Cases

Product liability cases are very complex because there may be a variety of different parties who might be held responsible for the injuries or losses experienced by consumers. Based on the chain of distribution which begins with the product’s manufacturer and continues up through the retailer on whose shelves the products sit, it takes a good deal of research and understanding of the law to determine who is fully responsible for injuries.

There are three types of flaws on which almost all personal and class action product liability lawsuits are based. These include: manufacturing defects, design defects, and marketing defects. Depending on where the product’s defect originates, that is where our attorneys at Nelson & Nelson will center your claim and develop the case so that you can get the justice you deserve as soon as possible.

Manufacturing Defects

Manufacturing defects occur when a mistake is made when the product is actually being produced, and it will typically only occur in a very small percentage of the final products. This can happen for a variety of reasons such as the manufacturer using substandard materials; and the defect in the product must be present at the time when it leaves the factory or plant at which it was produced.

Design Defects

A design defect of a product occurs when the blueprint creation of the item and causes it to have an unreasonable degree of danger for a potential customer when using the product. Because the defect is present in the blueprint, the hazard caused by the defect will be present in all of the items created using that design. In order to prove that the design was defective from the beginning, our product liability attorneys will determine: if the product’s design was unreasonably dangerous before production began; if the designer could have foreseen that the design was potentially harmful; and if the manufacturer could have used a better, less dangerous design that was economically feasible that would not change the purpose of the product.

Marketing Defects

If the case is based on marketing defects, this means that the manufacturer did not appropriately or adequately provide a warning to consumers about the inherent risks when using or operating the product. Within the theory of strict liability, there are some complex aspects of the failure to warn issue because manufacturers are not expected to warn for obvious dangers such as the sharp edge of a knife or the possibility of falling from a ladder. In this type of claim, the manufacturer would have failed to warn consumers of specific risks that may occur from a natural and expected use of the product.

Types of Product Liability Lawsuits

When determining if a product liability lawsuit can be filed for your case, our attorneys at Nelson & Nelson will first identify which type of defective product claim can be considered. We will either use the theory of strict liability or negligence and use the particulars of your case to ensure it meets the criteria for one or the other lawsuit.

Strict Liability

Product liability cases are most often claimed under the theory of strict liability rather than negligence. Those who are injured as a result of a defective product must only prove that the defect actually exists and their injuries were the direct result of that defect. If and when the defect does exist, the manufacturer could be strictly liable for damages even if the manufacturing process was careful and considerate.

It is important to note that strict liability requires that the product was purchased in the chain of distribution because anything bought second-hand would not be eligible for strict liability claims. Through the chain of distribution (manufacturer through the retailer), one or up to all parties in the chain could be liable for the defective product.

Negligence

When it comes to claims of negligence, carelessness in the design or production of an item must be shown. Proving negligence requires a bit more work on the plaintiff in that it must first be shown that the company who made the product has a duty to sell a safe product and did not carry out this duty. The “breach of duty” necessitates that the injured party show that the company knew (or should have known) the product had a problem and the problem caused the injuries.

In order for the negligence case to be pursued, the injured parties must prove:

  1. The plaintiff was injured or suffered losses
  2. The product is defective
  3. The defect was the actual and proximate cause of the injury
  4. The product was being used as intended

Manufacturer negligence can occur at various stages of the product’s development, including:

  • Blueprint development and review
    • Foreseeing potential uses of the product
  • Machine maintenance within the factory
  • Inspection and testing
  • Product release

There are many other parts of the manufacturing process that could result in a defective product, so it is essential that injured parties seek the legal advice of experienced product liability attorneys who can investigate the claim and figure out where the defect may have started. The attorneys at Nelson & Nelson have more than 40 years of experience investigating various products and successfully representing clients — let us help you get the compensation you deserve!

Who Can Be Held Liable for a Defective Product Injury?

Due to the product liability case’s reliance on the chain of distribution, more than one party could be held responsible for the injuries and damages sustained because of the defective product. Manufacturers, retailers, suppliers, distributors, and wholesalers can all be held liable for the damages caused by a defective product since the item may pass through the hands of all of these companies. Our attorneys will examine your case thoroughly and ensure that all potentially responsible parties are identified and included in your lawsuit.

How Our Product Liability Lawyers Can Help You

At Nelson & Nelson, we have the knowledge, skills, and experience with complex class action cases to provide you with the strategic guidance and legal help you need to get what you are owed for your injuries, damages, and losses due to a defective product. In our past cases, we have been able to help clients get compensation for the following types of damages in defective product claims:

  • Medical costs, both present and future
  • Lost wages
  • Pain and suffering
  • Emotional anguish

We understand what criteria must be met for a class to be certified and how to represent that class in the best possible way. Our experienced product liability attorneys are here to represent you in your case in Illinois or Missouri.

Contact Our Belleville, Illinois, Product Liability Law Firm

When you have been injured or suffered damages or losses as a result of a defective product, it may be confusing or overwhelming to figure out how to get compensation. At Nelson & Nelson, we believe in helping clients get the justice and compensation they deserve through our skilled representation. We have represented thousands of individuals with injuries and damages of all types throughout southern Illinois and into the city of St. Louis, St. Louis County, and St. Charles County. Contact us today to schedule a free, no-obligation consultation.

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