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Chicago Personal Injury Attorneys
Illinois Attorneys Dealing With Third Party Claims in Product Liability Cases
Certain professions, such as construction workers, factory workers, delivery truck drivers, electricians and plumbers, frequently use tools and other machinery as part of their job. If a worker is injured on the job, he or she is entitled to workers’ compensation benefits through his or her employer’s insurance company. If the employee is injured as a result of a defective machine or tool, however, he or she may also be entitled to a third-party product liability claim against the manufacturer of the defective machine or tool.
What Are Product Liability Laws?
Product liability laws make manufacturers and distributors of “dangerous or defective” products liable for the injuries caused by the defective product. Depending on the circumstances of the defect, a product liability lawsuit may be filed against anyone along a product’s supply chain including the designer, manufacturer, wholesaler, marketer and retailer.
There are three theories of product liability, including:
- Negligence – An injured worker must prove that those responsible for putting the defective machine or tool into commerce either knew of or reasonably should have known of the product’s defect and failed to meet its obligation to protect the consumer.
- Strict Liability – Under certain specific circumstances, manufacturers and distributors are held responsible for injuries caused by a defective machine or tool regardless of whether they acted negligently.
- Breach of Warranty – A manufacturer or distributor of a defective machine or tool may also be liable if it violated a written or implied warranty guaranteeing that the product was free from defects.
There are three ways that a machine or tool may be considered defective in a product liability case:
- Design defects made the machine or tool dangerous when used as intended or for another foreseeable purpose.
- Mistakes in the manufacturing process caused the machine or tool to be defective or dangerous.
- The machine or tool was not properly labeled with instructions or warnings to ensure safe usage.
How Can Ankin Law Offices, LLC Help?
Product liability laws are highly complex and require a detailed legal and factual analysis. The Chicago personal injury attorneys at Ankin Law Offices, LLC are knowledgeable about both workers’ compensation laws and product liability laws that may come into play when a worker is injured on the job by a defective machine or tool. Our skilled Chicago product liability lawyers can advise injured employees about whether they may have a claim against the manufacturer, distributor, retailer or other responsible party for any injuries caused by a defective machine or tool.
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