Products Liability

At Karlin, Fleisher & Falkenberg, LLC, our personal injury law practice covers cases of product liability, holding manufacturers of defective products liable for product defects that cause serious personal injury or wrongful death, whether the cause is a design defect, manufacturing defect, or a failure to warn.

Types of Product Defects

When a product is defectively designed, every unit made may potentially cause an injury. A defectively-designed product may be an automobile tire or the inherent design of the car itself, such that the car rolls over in a sharp turn, and the lack of reinforcing materials in the roof causes it to cave in, causing traumatic brain injury, spinal cord injury, or wrongful death by crushing the occupants. A car that is designed with the fuel line too close to the electrical wiring may ignite a deadly fuel fire in what might otherwise be an impact causing only minor injuries. Small appliances and power tools may also be defectively designed, if for instance they are not designed with automatic shut-offs or safety guards. The tragedy of many design defects is that the maker of the product could easily redesign the product to be safer but chooses not to in order to save a few pennies of profit on every unit sold.

Even products that are safely designed may be defectively made, due to a fault somewhere in the manufacturing process, such as faulty materials or manufacturing machinery that was improperly built or negligently maintained. Only one unit or thousands may be defective, causing them to jam, break or fail at a critical moment, from band saws to brakes on a car.

Even products which were correctly made may be defective if they do not contain adequate instructions and warnings for their safe use. Some products are inherently dangerous and should only be used with protective clothing or eyewear, or in well-ventilated areas. When these products lack clear and conspicuous warnings and instructions, they may be considered defective, and their makers may be held liable for any damages caused.

Dangerous drugs are another class of products which may be defectively designed or made, often with adverse side effects that leave the patient with a worsened condition or new illnesses and medical problems that did not exist before.

Seek Experienced Legal Representation

There are many different theories under which manufacturers can be held liable for defective products, such as negligence, breach of warranty, and strict liability. In many cases it is not necessary to prove negligence or fault, but only that a defective product was sold which caused an injury. Our attorneys understand products liability and what is required to hold a manufacturer responsible, to obtain compensation for our clients, and to change corporate behavior so others are not injured in the future. If you live in the Chicago area and have been injured due to a defective product or dangerous drug, contact Karlin, Fleisher & Falkenberg, LLC for a free consultation.