Unfortunately, accidents caused by defective or poorly designed products happen every day in Illinois. Not only can these incidents catch you completely off guard, but they can also result in terrible damage and physical injuries. When something goes wrong, it’s very common for injured and affected victims to be uncertain about what to do next. Who holds responsibility, and how can they be held liable? Recovering the damages you need requires hiring a skilled product liability lawyer.
The Illinois personal injury attorneys at Staver Accident Injury Lawyers, P.C. have decades of experience and helped many injury victims secure financial damages from those responsible. Product liability cases can be extremely complex, and often require extensive investigations into determining exactly what happened and who owes you damages. It’s important to work with a product liability law firm that knows what it takes to succeed in these cases and recover what you need.
If you were injured by a product anywhere in Illinois, speak with Staver Accident Injury Lawyers, P.C. today about your case. Let us review the situation and guide you about what comes next. Call us at (217) 528-9955 or contact us online. We offer free, initial consults, and you won’t owe us anything unless we secure compensation for you.
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Understanding Product Liability Law
Illinois law requires that every person take reasonable steps to avoid injuring others. If someone fails to do this, and you are harmed, you can seek damages in a legal claim.
Product liability claims typically refer to an error in the design or assembly of a product. These claims allege that someone failed in their duty regarding the product in question, and this failure directly resulted in harm. Every product liability case is unique, and the circumstances can be very complicated. However, we generally identify types of product liability into the following categories:
- Design defects – A product with an unsafe design can cause serious harm. This can happen even if the victim was using it as it was intended.
- Manufacturing defects – A product that is not built or assembled appropriately can fail during use and result in grievous injuries. Determining who the manufacturer was, and where the error was made is essential in these cases.
- Failure to warn – Products must come with proper and reasonable warnings that alert people to otherwise unforeseeable dangers. When these are insufficient or not provided, and someone suffers harm, they may be liable for the resulting damages.
- Medical and pharmaceutical injuries – Medical equipment and drugs must be used according to the standard of care that patients reasonably expect given their condition and medical needs.
Determining Product Liability Negligence
As defective product lawyers with decades of experience, we have seen all sorts of cases with victims harmed by devices, vehicles, and medical equipment. You may feel as though you understand what went wrong in your accident. However, it is also common for victims to be unsure as to why a product failed and caused their terrible injuries. Finding out who is responsible requires carefully reviewing all the evidence in your case. For example, a product may have been recalled for being dangerous, but this is generally not the case. Many injuries happen with defective products that have not been recalled and are not widely known to be flawed.
Illinois negligence law allows you to recover damages if the following elements are shown:
- The product manufacturer, designer, or distributor owed you a duty of care
- They failed to uphold this duty when they sold you a defective and dangerous product
- This defective product was the direct cause of your injuries
- Your injuries can be established through things like medical bills, time lost from work, and pain and suffering
Illinois strict liability law allows you to make a case to recover the financial losses you incurred after an injury. Strict product liability lets an injured person recover from the negligent parties while not having to specifically demonstrate negligence in court. This rule was established because it can be too difficult for some injured parties to demonstrate specific details proving the negligence of a product manufacturer. Your lawyer will understand if strict liability law will allow you to recover from a responsible party even if you do not prove how they were negligence in your case.
A victim can recover damages by showing the following strict product liability elements:
- Their injury resulted from a defect in the product that was sold or manufactured by the defendant
- The condition or defect of the product was unreasonably dangerous
- The condition or defect existed at the time when the product left the manufacturer or seller’s control or possession
Common Product Liability Accidents
Many people often think of power tools or other machines when they consider defective product injuries. However, even a small and simple object can cause a terrible accident if it fails to do its job. Our lawyers have seen many accident victims who were hurt at work, in their homes, and while participating in sports or recreational activities. There are thousands of defective product cases every year in Illinois.
The most common product liability accidents that we have seen include:
- Auto defects – A poorly made or assembled car part can cause a terrible accident. Deadly wrecks often happen on small streets as well as large highways such as the Kennedy Expressway or Jane Addams Memorial Tollway.
- Medical devices – Sensitive medical equipment must be properly produced and utilized. Defective devices sometimes include pacemakers or surgical equipment.
- Prescription drugs – Dangerous drugs can cause serious harm even if the patient is taking them as directed. Your lawyer must understand how to determine if the drugs you were prescribed were not working as intended.
- Household products – Things that we use on a daily basis can cause terrible harm if they are not properly made. Household products often fail and cause burns, cuts, and can even release toxic substances.
- Children’s products – Toys and equipment meant for children pose a serious threat if not properly made or designed. Many hundreds of children are injured every year in Illinois due to defective products in their homes and schools.
Recovering Damages & Illinois Product Liability Statute Of Limitations
Being injured by a product requires quick action. It’s important to seek medical attention without delay. Not only can timely medical help allow you the best opportunity to heal, but it can also make your case appear more genuine in court as you seek compensation. Be sure to contact a knowledgeable product liability attorney as soon as possible.
Illinois statute of limitations law will not allow for you to seek compensation once two years have passed since your defective product injury. This law is meant to protect defendants from claims regarding details that occurred many years ago. Exceptions to this rule include harm that you could not reasonably be expected to notice until recently. For example, a defective product may have injured you due to toxic substances, but the harm may have taken many years to notice.
Calling your attorney without delay is essential to recovering damages. It can take time to investigate all of the details. In addition to studying your injuries, we will carefully review all the evidence regarding the product that may have caused you harm. This may include consulting with other attorneys who have similar cases and finding expert witnesses who can help prove the culpability of the product designer or manufacturer.
The possible financial compensation that you may recover includes:
- Medical bills – Your injury may require extensive medical attention and even costly surgeries. Furthermore, you may need future operations and counseling.
- Lost wages – Many injured parties cannot return to work for a long time. Your attorney can help you recover damages for lost future earning potential due to your injuries.
- Pain, suffering, and disfigurement – Compensation can be awarded to you for the terrible suffering you and your family experienced due to your product related accident. This can also include damages for permanent physical disfigurement.
- Punitive damages – These are in addition to those for calculable things such as medical bills and pain and suffering. Punitive damages are meant to punish the negligent party if it was found that they acted with particular recklessness or malice.
Staver Accident Injury Lawyers, P.C. Can Help
Every year thousands of people in Illinois are hurt by products that do not work as intended. These incidents result in terrible accidents on the road, in the workplace, or even in your own home. Do not wait around. Call a skilled Illinois product liability lawyer now. Your case might be highly technical, requiring extensive research and negotiations. Given our state’s statute of limitations law, it is strongly advised that you seek skilled legal counsel without delay.
At Staver Accident Injury Lawyers, P.C., we understand that each case is unique, what’s necessary to obtain the maximum financial recovery possible, and how to hold those responsible accountable for their negligence. If your life was turned upside down after a defective product injury, let us handle things for you.
Contact us to speak with an experienced Illinois product liability lawyer today. Call us at (217) 528-9955 or submit the details online. We offer free, initial consults and won’t be paid unless you recover compensation.
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If you’ve been hurt, it can be hard to know where to start. We begin every case with a free, no-risk evaluation. We’ll discuss your situation, answer your questions, and determine what comes next. Act now and get the recovery you deserve.
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