Product Liability Lawyer
As a consumer in Chicago, Illinois, you expect that the consumer products you buy will not be unreasonably dangerous. When you suffer serious injuries, you can file a product liability lawsuit. You may be entitled to compensation for the harm that you have suffered.
Call our products liability at (888) 424-5757 (toll-free phone call) or use the contact form on our website today to schedule a free consultation.
How We Can Assist with Your Liability Claim
The attorneys at the law firm of Rosenfeld Injury Lawyers LLC can help you file your product liability personal injury case for consumer products and other dangerous items that you have bought.
When you contact an experienced product liability attorney to schedule a free consultation, you will learn more about how the law allows you to recover financial compensation for your injuries.
Product Liability Law and Your Case
The basics of products liability law are that manufacturers and sellers cannot place goods into the "stream of commerce" that are unreasonably dangerous.
These products have risks for consumers that are more than what an ordinary consumer would anticipate. Product liability law specifies that several types of defects could make manufacturers and sellers liable for your injuries.
The Different Types of Defective Products Cases
To fully understand what a product liability claim means, it is helpful to understand a few examples of these cases in different contexts:
The Design Defects
Any product with a flawed design creates an unsafe or dangerous scenario for the consumer. Unfortunately, many design flaws are not identified until after the product is sold and harm individuals.
All parties harmed by a product with a flaw caused by a design defect can seek financial compensation under strict liability laws.
Many consumers purchase products without knowing the manufacturing defect's hazards in the product's design or fabrication. The injured parties can file product liability claims by suing the manufacturer or distributor for any defective product under strict liability law.
A product liability lawsuit might involve defective vehicle parts, children's toys, consumer goods, household appliances, prescription medication, medical devices, or tools.
Today, there have been hundreds of thousands of product liability claims filed against manufacturers over decades. As a result, the designer, manufacturer, distributor, and reseller can be held legally responsible for selling a defective product for their failure to protect consumers.
A safe product might have been labeled improperly or does not contain sufficient safety warnings or instructions or adequately describe any dangers. Failing to protect the public by improperly labeling a relatively safe product could cause catastrophic results if the product is not used as intended.
The seller could be held legally liable when a consumer purchases a defective product, even if they were not involved in the design or manufacturing process. Strict liability laws also involve an implied promise of the product that led to an unreasonable danger when used as intended.
An experienced product liability lawyer can ensure that the injured party receives financial compensation for any product with a design or manufacturing defect that led to their damages. Call our Chicago product liability attorneys for a free case evaluation to discuss a product liability claim involving a dangerous product.
Defective Products that We Use Everyday
The Consumer Product Safety Commission (CPSC) uses the law to reduce the risk of potential injury or death caused by dangerous products. The commission develops the industry's voluntary standards and issues and enforces mandatory regulations.
When a defective product is identified, the agency bans the consumer product to protect the public: the commission posts online many injury statistics and technical reports categorized by different products used by American consumers.
Products liability cases touch many areas of our lives today. Practically everything that you use can break and harm you. When that happens, you are entitled to damages for all the harm that you have suffered.
Below are many ways that defective products touch your everyday life as a consumer:
- Food poisoning - The news is filled with reports of people who have been injured by salmonella and e-Coli. This harm can be the basis for a claim against the restaurant or food seller because there are defects in the food.
- Defective Toys injure many people every year. Sometimes, they have small parts that children can choke on and swallow. Other times, the paint on these toys can be toxic.
- Medical Devices and Drugs - This is one of the more common types of lawsuits today. Things such as hernia mesh or the drug Zantac have been the subject of liability cases where plaintiffs have claimed that they are defective. Chicago product liability and personal injury attorneys have received numerous calls from injured consumers seeking help for faulty medications
Below are more well-known recent products with a manufacturing defect resolved through a class-action lawsuit:
- Roundup Weedkiller – This weedkiller manufacturer was involved in one of the most significant liability claims in recent years. Plaintiffs claimed that the active ingredient in Roundup, glyphosate, was an active carcinogen (look here for more discussion on Roundup lawsuit settlement). After several substantial jury verdicts involving the dangerous product that included tens of millions of dollars in punitive damages, Bayer sought to reach a multi-billion dollar settlement with the plaintiffs. We are also prosecuting Paraquat lawsuits involving Parkinson's Disease.
- Fen-Phen Diet Pills - This was one of the most significant defective drug lawsuits where thousands were killed or injured by a defective drug. The supposedly revolutionary diet pill caused heart attacks and other heart valve damage that killed scores of people—the manufacturer's failure to protect consumers resulted in settlement of nearly $5 billion.
- Asbestos - In one of the most expensive and longest-running product liability suits of all time, plaintiffs have been filing cases against practically every company associated with this naturally occurring dangerous product that causes mesothelioma. The legal liability has bankrupted large corporations as the total amount of settlements and verdicts has reached into the tens of billions.
- Ford Pinto - In one of the first mass tort personal injury cases, plaintiffs suffered severe injuries when the gas tank placement caused this vehicle to explode upon impact in certain collisions. Ford was deemed liable for the design defect and was held liable for the marketing defect for selling the car after many had been harmed or killed by the dangerous product.
When You Can Sue a Manufacturer for a Dangerous or Defective Product
Product liability laws dictate how strict liability cases are handled in federal and state courts, holding the product manufacturer and designer accountable through a negligence claim.
Typically, these cases are resolved when the victim's trial attorneys proved the defendant's negligence in creating or manufacturing dangerous products or can show a defective product's chain of distribution that harms consumers.
Did you suffer injuries from a product you purchased? Did you use it as intended, following the implied warranty for safety, but still suffered harm?
You likely have the legal right to file a civil lawsuit against the manufacturer and all of the entities responsible for designing, manufacturing, and distributing a product with manufacturing defects.
Similarly, if your loved one was killed due to a defective product, you may be able to pursue a wrongful death claim against the manufacturer.
Buying the product creates a legal relationship between you and everyone else involved in the stream of commerce that entitles you to a safe product that will not injure you.
Product Liability Legal Theories of Recovery
There are two possible ways that you can recover in your Chicago, Illinois, case. First, the way that you are entitled to compensation is strict liability.
Here, it does not matter whether the manufacturer exercised due care in making the product.
All you need to show is the following:
- You bought the defective product
- You used it in a foreseeable way
- The product is in substantially the same condition it was in when it was sold
- You suffered an injury
Your personal injury attorney must prove that the product was defective to ensure you receive financial compensation for your injury.
The Negligence Theory of a Product Liability Case
Even if you cannot show that the manufacturer should be strictly liable for your injuries, the law still allows you to recover. Here, you would need to show that you were injured by the manufacturers' or sellers' negligence.
Just like any other negligence case, you would need to prove the following:
- The defendant owed you the duty of care, such as when you are buying a product from the seller or maker
- The defendant breached the duty of care by acting unreasonably
- The defective product injured you
- You would not have been injured but for the actions of the defendant
Our firm can help you prove that the defendant acted unreasonably.
The manufacturer and their lawyer will always try to show that their product was safe, or at least that it was not dangerous. Your attorney can help you put forth the evidence that will back your claim that the product was not safe for its intended use.
Damages in a Products Liability Lawsuit
Here are some of the categories of damages for which you can recover compensation in a products liability lawsuit:
- Lost wages for the time that you have missed from work and would miss in the future. You can also be paid for the reduction in your earning capacity due to your injuries
- Medical expenses for your doctors' treatment must be paid by you, including your ongoing expenses that likely include future medical bills and the cost of nursing care to treat your serious injuries
- Pain and suffering (in Illinois, there are no caps on pain and suffering)
- Emotional distress
- Loss of enjoyment of life
- Punitive damages if the defendant's conduct was egregious
Your Products Liability Case Can Be Heavily Scientific
Proving product liability cases is not always easy. Dangerous conditions may require scientific evidence and expert testimony to show the court that the defects were genuine and that the defective product caused your injuries.
Your case could take a long time to prosecute, and you can expect motions from both sides. Product liability lawsuits are hard-fought because the defendant has substantial monetary stakes. Even the future of the company itself can be at stake.
Hire Product Liability Attorneys to Resolve your Manufacturing Defect Injury Claim
You need an injury attorney on your side to handle your defective product liability case from start to finish, working with the experts to help prove your claims.
You must prove your entitlement to receive financial compensation:
- The product that you bought was defective
- That product injured you
- You did not use the product in an unintended manner
- Your injuries are provable
The product liability lawsuit process begins when you call an attorney in our Chicago office to schedule your free consultation.
Your attorney will sit down with you and ask a series of questions about your case. The lawyers at our firm will take the time to learn all the facts of what happened before letting you know whether the law would support compensation and discuss your legal rights and options.
Then, your product liability attorney will begin your case by filing a complaint with the court that lays out the facts and why the manufacturer or seller should be made to pay for your injury.
Before your Chicago product liability trial begins, your case will have a phase of discovery where the two parties will exchange documents and take depositions. The evidence and testimony through this process will help our firm build your case even further.
Finally, your legal case will go to trial or ask to resolve the case through a negotiated settlement. Here, your Chicago product liability lawyer will call witnesses and present the evidence. The jury will decide whether the defendant has a legal liability to pay for your injuries.
Frequently Asked Questions of Chicago Product Liability Lawyers
Our personal injury law firm understands that many families have unanswered questions about dealing directly with an insurance company seeking compensation for damages. Our product liability attorneys have answered some of those questions below.
For additional information, contact our law office today at (888) 424-5757 or use the contact form so we can discuss your product liability claim.
Can I afford to hire a product liability lawyer?
Like all personal injury lawyers, our law office works on a contingency basis, meaning that we are not paid unless you recover compensation.
Not only do you get a free case evaluation, but you are not charged on an hourly basis. Your liability attorney is paid from the proceeds of your settlement or jury verdict.
How would I choose the right product liability lawyer?
Ideally, it would help if you had a lawyer who has the experience necessary to handle your specific claim. For example, you would not hire someone with a criminal defense practice to handle a products liability case.
The best thing to do is ask the attorney about the previous product liability and personal injury cases that they have tried. In addition, it would be best if you recognized that product liability is one of the more complex practice areas, and not every attorney can handle these cases.
How Long Will My Defective Product Case Take?
There are many steps to your defective products case, and it can take years to resolve in court since the legal process is often slow.
In some cases, manufacturers and sellers will try to settle your lawsuit, where you can receive compensation without having to go through the entire legal process.
What Are My Legal Rights as a Consumer in Illinois?
You have a right to a product that is not unreasonably dangerous and certainly something that is not a defective product. If what you have bought has caused you to become injured, Illinois law allows you to receive compensation.
Call one of the Chicago product liability lawyers with our firm today to learn more about your legal rights through a free consultation. You can contact us online or place a phone call to our office.
Who Can I Sue as an Injured Consumer?
The law allows you to sue anyone in the "stream of commerce" over a defective product that caused your harm. For example, you could sue the designers, manufacturers, distributors, and sellers. In the end, as a consumer, you have a legal right to compensation.
After you are successful in your product liability case, it is up to the defendants to figure out legally who needs to pay whom.
What if My Product Contained a Warning Label?
In a 'failure to warn' case, manufacturers failed to include some warning labels to protect clients. However, the issue is with the substance of the warning.
Specifically, their warning must make you aware of the risks of the particular injury that you suffered. In other cases, manufacturers will not have included any warning whatsoever since they did not want to scare customers.
These cases are somewhat easier for plaintiffs because the law is more on their side when there is a complete failure to warn.
Contact a Chicago Product Liability Lawyer
Did a defective product injure you, or did you lose a loved one through another's negligence? Call our law office today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation.
At Rosenfeld Injury Lawyers, LLC, our premises liability attorneys handle strict liability claims on behalf of our clients who suffered a severe injury caused by defective products. We hold the product maker liable for the manufacturer's negligence due to their failure to warn consumers of their product defects.
Family members who lost a loved one through a defective product, medical malpractice, or dangerous drugs can file a wrongful death lawsuit. Your compensation should be sufficient to pay all outstanding medical bills, hospitalization costs, funeral & burial expenses, funds for your grief, loss of companionship, loss of financial support, and mental anguish.
We offer every client a "No Win/No-Fee” Guarantee. This guarantee ensures that you will owe us nothing if we cannot obtain compensation on your behalf.
Our product liability attorneys currently follow CDC (Centers for Disease Control and Prevention) Covid-19 (coronavirus pandemic) social distancing guidelines and provide video conferences to ensure our client's safety.
- Defective Child Products
- Defective Gym Equipment Injury
- Defective Toy Injury
- Hunting Stand Accidents
- Ladder Defect Lawyer
- Lawn Mower Accidents
- Lithium Ion Battery Burn
- Product Recall Lawyers: When Consumer Products Cause Injuries
- Seatbelt Failure
- Sports Equipment Injury
- Vehicle Defects
- Water Heater Defects
- Product Liability FAQs
- 3M Combat Arm Earplug Hearing Loss Lawsuit
- Pam Cooking Spray Lawsuits: Attorneys for Pam Burns and Explosions
- Illinois Attorneys Prosecuting Smoking Related Cancer Lawsuits Limited to the Larynx, Esophagus, Neck & Tongue)
- Roundup Non-Hodgkins Lymphoma Lawsuit
- JUUL Vaping Illness Lawsuit Attorneys
- Parachute Failures and Paraglide Accidents
- Firefighting Foam Cancer Lawsuit
- Attorneys for Paraquat Lawsuits Related to Parkinson's Disease