Belleville Product Liability Attorneys
Hipskind & McAninch, LLC Holds Companies Accountable for Their Products
Companies have a responsibility to design, manufacture and market products with customer safety in mind. Product liability law is in place to protect customers when companies neglect—or completely abandon—that duty.
If you have been injured by a defective product, the produce liability lawyers at Hipskind & McAninch, LLC will work with you to hold the company accountable.
We’re experienced trial lawyers who have both defended and prosecuted product liability cases. Though we now specialize in helping plaintiffs like you, we are able to pinpoint weaknesses in the defense’s case, allowing us to work smarter for your case. We understand how the defense will look at your case, and can counter their every argument.
You may be entitled to damages if you have sustained physical injury resulting in medical expenses, loss of income, emotional distress, disability or loss of normal life. In some cases, you may be awarded punitive damages as well, especially where the manufacturer’s, designer’s or marketer’s acts were egregiously reckless. Through extensive experience, we know what it takes to maximize the value of your case.
Our Belleville personal injury lawyers have won damages for a wide variety of cases involving products like automobiles, medical devices, prescription drugs, household products, children’s toys or car seats, industrial equipment and swimming pools.
We know product liability cases are personal in nature, which is why we won’t limit you to the typical 9 to 5 counsel—we care about your case’s outcome and will do anything we can to maximize your damages. It’s why we give our clients our cell phone numbers for anytime access to our counsel.
Schedule an obligation- and cost-free consultation with us today. And, because we work on a contingency basis, you won’t owe us a dime until we win. Learn why we have a 5-star rating on Google with nearly 90 reviews.
“I really appreciate the amount of concern expressed for me and my case. I believe that John and the firm hold their client’s best interests on the same level as their own.”
- Terrence Powell
Types of defects, and how to prove them
Defects can occur at any point before you purchase the product. Here are the three main defect categories used to evaluate product liability claims:
There are certain instances in which the design—no matter how perfect it was manufactured—still poses a threat to consumers. A good example of this would be prescription drugs that treat the intended area, but by design, can cause excess harm to other parts of your body.
Even if the design is safe, improper assembly or manufacturing can render a consumer product dangerous. Perhaps, for example, an assembly line step was skipped or forgotten, straying from the design.
- Failure to warn
Incomplete instructions, vague product labeling or insufficient warnings can make a product dangerous to use. This type of defect can also encompass marketing tactics that misrepresent the product.
To prove any of these defects, we will need to investigate the product’s patenting, designs and manufacturing facilities. We may also need to solicit the help of expert witnesses such as doctors, engineers or scientists to bolster our claim of product defectiveness.
Three common ways to prove liability
While every case is different, there are three main ways to argue a product liability claim: (1) negligence, (2) breach of warranty or (3) strict liability.
Negligence is a complicated concept, but in essence you need to prove that the company’s mistake was easily foreseeable, and that by neglecting their duty to provide a safe product, the consumer, you were injured. The company can be held liable for their mistakes resulting in your injury.
2. Breach of warranty
The concept of breach of warranty applies to statements expressly made—or implied—about a product, promising something or assuring the consumer of the product’s use or quality.
A breach occurs when the company fails to stand behind the assertions made in the warranty—which serves as a contract between the seller and company—or where the warranty misrepresents the product’s quality.
If the consumer is injured as a result, then the manufacturer, designer or seller can be held responsible for providing damages.Breach of warranty laws vary from state to state, but most states form their laws based on the how the federal Uniform Commercial Code evaluates warranties.
3. Strict liability
Strict liability presents the idea that, if the end-user is injured, then the company that produced a defective product can be held responsible for providing damages so long as the defect was dangerous and existed before the consumer purchased the product.
Regardless of the theory employed in your case, you must prove that your injury was caused by the defective product.
Proving liability is not easy. But we’ve done it for many clients just like you. Let us take a look at your case and figure out how best to represent you. Schedule a free consultation at (618) 641-9189 today! You won’t pay a dime until we win.
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