Products Liability Lawyer In Illinois: Understanding Marketing And Labeling Defects
In addition to creating safe products through effective design and manufacturing processes in Illinois, product manufacturers are responsible for warning consumers of any potential dangers associated with their products. A marketing or labeling defect occurs when a product comes without adequate warnings for its safe use. Some common categories of marketing defect cases include failure to warn, inadequate directions for use, and misleading advertisements.
If you believe a labeling defect contributed to your accident, you need the representation of Marker & Crannell. We have filed and successfully won marketing defect lawsuits in Naperville and we can help you. Call 630-912-6009 or fill out our contact form online to schedule a Free Consultation.
What Constitutes A Marketing Or Labeling Defect In Illinois?
Were you injured by a product that didn’t have proper warning or instruction labels? Did a close family member die on the job while using a tool or machine that lacked property warning labels? No matter what the circumstances, you should know that a manufacturer can be held accountable for such a defect. At Marker & Crannell in Naperville, we help clients recover compensation when such defects cause them harm.
Throughout the United States, product manufacturing companies have a duty to warn consumers when their products may pose a risk. Failure to warn is a principle in product liability cases that can lead to liability when a product is not properly marketed or labeled.
Understanding Manufacturers’ Responsibility To Warn
Companies are required by the Consumer Product Safety Commission to test their products for possible risks. Any risks found must be listed on a warning label or in the instructions for the use of the product. In addition, companies must warn of the dangers of misusing the product.
Two of the most well-known failure-to-arm cases in the United States involved the tobacco industry and asbestos companies. Manufacturers of both products knew of the harm (cancer risks in particular) of their products but did not warn consumers for years, even decades.
Documents and testimony proved in both cases that the companies knew the harm their products posed and tried to cover it up. They lost big time, and consumers won (though “winning” is not the right word when you consider the hundreds of thousands who suffered – and still do – from cancer and other related health issues). Now, warning labels are required for their cancer-causing properties.
Proving A Marketing Defect In Illinois
What it takes to prove a manufacturing defect will vary from case to case. However, there are a few major things that injury victims must be able to show in a majority of marketing defect cases.
Foreseeability Of Risk
A risk of harm for a product can arise either through its intended use or even uses that the manufacturer didn’t. However, the risk must be foreseeable to the manufacturer at the time the product is sold. If a plaintiff can’t establish that they weren’t using the product the way it was intended, or at least in a way that the manufacturer should have foreseen consumers might use it, then they may not be able to claim any compensation for their injuries.
Lack Of Warning
After establishing that they were using a product appropriately, a plaintiff must be able to establish that the product packaging had no warning for the condition that made the product dangerous or at least that the warning was inadequate. They must also show that the lack of warning existed before the product left the control of the manufacturer – if a consumer peels off a warning label themselves, then they can’t hold a manufacturer liable when they subsequently get injured.
Link Between Injury And Lack Of Warning
Finally, an injury victim must be able to show the link between their injury and the lack of warning. In other words, it must have been the lack of warning for some dangerous condition that ultimately caused their injuries.
Defenses For Marketing Defect Claims In Illinois
Conversely, some of the more commonly used defenses for marketing defect claims include claiming a lack of foreseeability and that the provided warnings were adequate.
Claiming lack of foreseeability will likely include an argument that the user of the product was using it in a way that the manufacturer could not possibly have foreseen someone using it. They may also argue that the labels that they did provide should have been an adequate warning against the risk at hand.
Why Hire A Product Liability Attorney For A Marketing Defect Claim In Illinois?
Hiring the right product liability attorney to handle your case could be the most important decision you make in the life of your claim. Our product liability lawyer will:
- Determine the basis of a claim
- Build a strong case using a variety of resources
- Collect evidence from all parties concerned
- Retain the experts in various fields related to product design and use
- Manage documents and timelines
- Negotiate for settlement with designers and insurance companies
- Prepare all parties for courtroom appearances
- Calculate the current and future losses of someone harmed by a defective product
- Represent the injured person in court so they can focus on healing
- Ensure that all timelines and deadlines are followed
An attorney can help you determine what your case could be worth, analyze any arguments that you may come up against, and develop strategies to combat them.
Contact A Product Liability Lawyer In Naperville Today
At Marker & Crannell, our product liability attorneys in Illinois know what to look for and what to prove when researching a marketing defect case. We are trial lawyers with more than 35 combined years of experience and are ready to evaluate your case.
If you have been injured and believe improper labeling or marketing contributed to your accident, you should call 630-912-6009 or send an email inquiry. After a free consultation, we will evaluate your case and help you recover what you’ve lost.