Third Party Claims Against Manufacturers Of Defective Equipment

Product liability laws hold manufacturers and distributors of “dangerous or defective” products liable for any 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 – A negligence theory requires the plaintiff to prove the the manufacturer had a duty to the consumer, that it breached its duty, and the plaintiff was injured as a result. Manufacturers, in fact, owe a duty to the users of its products and bystanders likely to be injured. They also have a duty to manufacture their products in a way that will safeguard against injuries likely to result from reasonable, foreseeable misuse of the product.

Strict Liability– Strict liability holds that the manufacturer of a product is responsible to anyone injured by the use of an unreasonable and dangerous product. Illinois law requires that to prove strict liability, a person must show that (1) the product was defective and unreasonably dangerous; (2) the product was defective when it left the manufacturer; and (3) the defect caused the injury to the person bringing the claim.

Breach of Warranty– Every product comes with an implied warranty that is safe for its intended use. A defective product which causes injury is not safe for its intended use and, thus, constitutes a breach of warranty. Typical examples of strict product liability cases in the workplace include defective automobiles, trucks, motorcycles, power tools, and appliances.