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Category Archives: Product Liability

IL injury lawyerWhen we hear “cosmetics” the first association is usually make-up. While lipstick, blush, and mascara are cosmetics, many other personal care products fall under the same umbrella concerning the U.S. Food and Drug Administration. Like any manufacturer, companies that produce personal care products have a responsibility to their consumers. When products are misbranded or contaminated, their customers suffer, and negligent companies need to be held responsible for a product liability lawsuit.

Under FDA standards, cosmetics include body lotions, shaving products, deodorants, tanning products, sunscreens, hair care products, hair dye, makeup, and more. Everyone uses cosmetic products, and due to the personal nature of them, faulty products can cause serious skin damage or illnesses. Cosmetics are regulated differently than food or medicine. The FDA does not approve products for consumers but keeps companies to standards for transparency and safety. For example, as of 2017, companies are required to submit ingredient lists of products to the FDA and they have the right to suspend products with safety concerns.

The standards for cosmetic companies has increased over time. There was a time where ingredients like lead were commonly used in makeup. Now, the heavy metal is widely known as a poison that could kill a person with enough exposure. It is the company’s responsibility to protect consumers from harmful ingredients. When known toxins are included, and consumers are not warned about the risk, their personal care item could eventually cause death.

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IL defective product lawyerCompanies design products not only for profit but for our benefit. However, sometimes these products fail and cause harm or death to consumers. A product can harm a person because of a manufacturing defect, a poor design, or from an inadequate warning. A defective product may not necessarily cause serious harm or death, but when consumers suffer it is the responsibility of companies to be held liable after the fact.

The important part about a product liability case is proving that something was wrong with the product and that an injury occurred. How a product is used when the injury occurred is also important. For example, if a consumer was tampering with the electronics of a product, they would not likely have a liability claim of they were electrocuted and hospitalized. Getting compensation after a faulty product affects a person's life can cover medical expenses and time away from work. If someone dies from a fault product then their family may be eligible for compensation instead. The following are deaths caused by negligent defects.

Cars are one of the most dangerous things an average person operates. When they are manufactured or designed poorly, the consequences can be worse than a car accident. From Fiat Chrysler, 1.5 million vehicles were put on the road that had a dangerous design regarding the fuel tank. Months after the recall began, a 17-year-old boy died in a car fire caused by a manufacturing defect. In Grand Cherokee and Jeep Liberty SUVs, the fuel tank was located behind the axel. Seventy-five people have died due to fires caused by the tank being ruptured, and leaking fuel upon impact.

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IL defective product lawyerIt is the responsibility of companies to maintain a standard of safety in the products for consumers. However, sometimes products make it to the market that are unsafe. While there are bad products that may not work or live up to expectations, but when it comes to a product liability lawsuit, it must be proven that a product caused harm in order to have a case.

What Is Product Liability?

Derived from Tort Law, as a product or material gets created and put on shelves for consumers, there is a chain of liability. If the negligence of a company leads to the harm of another person, then that manufacturer may be held responsible. There are three basic claims a person can make with a harmful defective product, design defect, manufacturing defect, or inadequate warnings.

Defective Design: When the design of a product is defective, then the whole consumer good is dangerous. This happens when designed products are not adequately tested for safety. While the product may serve the purpose it was created for, it is too dangerous to continue using. From 2006 to 2008, the magnetic toy sets from Mega Brands were recalled because of small pieces which were easily consumed by children. On top of a choking hazard, the magnets were also strong enough that if consumed, the magnets of the opposite charge would attract and cause further internal injuries. One child died, and 27 were injured due to the defective design of the toys.

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IL injury lawyerSustenance is essential to our survival, and when we purchase food from a grocery store or a meal from a restaurant we want to believe it is safe to consume. A faulty good from a department store may cause external physical harm, but negligence in food production can lead to severe illness and death.

Liability when it comes to food safety can take many forms. If a company has poor safety practices, then contamination can affect customers. Bacteria, like salmonella, can make people sick when incorporated into the food supply, or a foreign object can make its way to the final product. Companies in the past have also been held liable for not listing a warning on their products.

One of the most famous cases of the latter is Liebeck v. McDonald’s Restaurants from 1994. Stella Liebeck was served a hot cup of coffee in a McDonald’s Restaurant drive through that resulted in third-degree burns to her lower body. The temperature of the cup of coffee was up to 40 degrees higher than other restaurants that serve coffee, or the average temperature of a cup of coffee from an at home coffee maker. Because of the high temperature, 700 others were also burned by hot beverages at McDonald’s. Although the cup did warn that the contents are hot, there was no warning about third-degree burns. Liebeck was awarded $2.7 Million in punitive damages and $160,000 for medical expenses.

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IL injury attorneyNo consumer purchases a product and expects it to cause harm. That is why consumers are protected by product liability laws, which gives resources in the event a product caused injury or death. This makes manufacturers and companies liable for any misfortune that their products have caused. There is a responsibility that companies have when providing safe products, or doing their due diligence in providing warnings in other circumstances.

Over 200,000 injuries of children reported in hospitals were caused by toys in 2016. While children may be easier victims of product liability, here are some of the biggest cases in the United States.

General Motors - This American car company, based out of Detroit, is behind reputable car brands such as GMC, Chevrolet, Buick, and Cadillac. However, in 2014 many models of cars were found to have an ignition switch fault that could cause the engine to shut off at any time while in use. This fault caused at least 31 accidents that resulted in the deaths of 13 General Motors customers. Over 26 million cars were recalled, and a fund was created for victims of the faulty ignition switch.

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