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Instant Pot, the manufacturer of a popular plug-in kitchen appliance, recently issued a warning to purchasers of certain multicooker units. Chicago’s CBS News reported on the company’s alert to consumers, stating that the Instant Pot overheating and melting only affected a limited number of batch codes. The warning included a brief explanation of the problem, but many consumers remain concerned about the burns and injuries that could result from the defective product.
Manufacturers may issue announcements and recalls upon discovering flaws in their products, but this is an inadequate remedy for victims who have already been injured by dangerous household items. Our Chicago product liability lawyers at Staver Accident Injury Lawyers, P.C. can help hold these companies responsible when they fail to comply with their legal duties. If you were hurt by a defective product, contact us at (312) 236-2900 to set up a free consultation right away.
Most personal injury cases are based on negligence, meaning you need to prove that the responsible party acted carelessly in order to recover damages for your losses. With strict liability, the defendant’s behavior and degree of care are irrelevant. They may be legally responsible even if they do everything possible to make sure there is no risk of harm to others.
There was a time when negligence was the basis of a defective product case, but courts and lawmakers eventually realized that it led to bad public policy. For instance, it would be tough to prove that Instant Pot overheating and melting was due to a manufacturer’s breach of the duty to exercise reasonable care. Today, product liability is considered strict liability.
Keeping in mind the elements of a strict liability case, you must prove certain facts to succeed on a claim involving a defective product. Therefore, you must show that:
Product liability is not automatic, so a potential defendant can contest your claims on a number of grounds. For instance, if someone else interacted with or used the product in a way that was not intended, you may not succeed on a product liability claim. That is why you need a skilled attorney on your side to help investigate your case and discuss your legal options.
Defective product claims may not require a showing of fault, but that does not make them easier to prove. There are still complicated issues involving causation and damages in any strict liability case. Large manufacturers, retailers, and others in the supply chain have extensive resources to defend their interests, so retaining solid representation is critical.
At Staver Accident Injury Lawyers, P.C., our product liability attorneys assist victims in recovering damages for their medical costs, lost wages, pain and suffering, and other losses. If you were hurt due to a defective product, contact us at (312) 236-2900 to set up a free case assessment.