Illinois Product Liability Lawyer & Defective Product Attorney

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.