Chicago Product Liability Attorney
As a consumer in Cook County, you expect purchased products in the Chicago area to not be unreasonably dangerous. But what do you do when you suffer serious injuries from a product? You file a product liability claim. You may be entitled to recover compensation for the harm you have suffered.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys help injured victims harmed through negligence receive the financial compensation they deserve.
Call our product liability lawyers at (888) 424-5757 (toll-free phone call). Our contact form sends information to our legal team to schedule a free consultation. All confidential or sensitive information you share with our personal injury law firm remains private through an attorney-client relationship.
How We Can Assist with Your Liability Claim
The basics of the law are that manufacturers and sellers cannot place dangerous goods into the "stream of commerce.” Product liability law specifies that several defects could make manufacturers and sellers liable for your injuries.
Some common lawsuits involve motor vehicles, toys and children's products, testosterone replacement therapy, talcum powder and other personal hygiene products, faulty machinery or power tools, unsafe pharmaceuticals, and food products.
Illinois law applies a statute of limitations to product liability lawsuits. With a personal injury lawsuit, you have two years from the date of the incident to file. Regarding property damage in your claim, you have five years from the date of the incident to file.
Our product liability attorneys can help you file your case for consumer products and other dangerous items you have bought.
Speak to an experienced attorney to schedule a free consultation regarding your legal issues. Let us determine if your claim will allow financial compensation for your injuries. We will keep you fully aware of the progress in your case.
Dangerous Or Defective Product Cases
A product liability claim can stem from two important factors:
Under strict liability laws, all parties harmed by a defective product caused by a design defect can seek financial compensation and ensure manufacturers and distributors are held responsible for injuries.
Many consumers purchase products without knowing the manufacturing defect's hazards in the product's design or fabrication. Under the law, the injured parties can file claims by suing the manufacturer or distributor of any defective product.
Hundreds of thousands of claims have been filed against manufacturers over the decades. As a result, the designer, manufacturer, distributor, and reseller can be held legally responsible for selling a faulty product or failing to protect customers.
Defective Products We Use Every Day
The Consumer Product Safety Commission (CPSC) uses the law to reduce the risk of potential serious injury or death caused by dangerous products. The commission develops the industry's voluntary standards and issues and enforces mandatory regulations.
When a product is identified as defective, the agency bans the consumer product to protect the public: the commission posts many statistics and technical reports categorized by different products used by American consumers online.
Product Liability Litigation
Did a defective or dangerous product injure you or a family member? You may be able to file a products liability claim based on strict liability. Product liability claims can be filed against the product's manufacturer, the retailer, or both.
A product liability lawsuit requires proving that the product was defective and that the defect caused your injuries. Potential defendants in product liability claims might include all those involved in the defective product's chain of distribution and use, such as:
- The product manufacturer that designed and manufactured the product, drug, or medical device
- The party responsible for identifying all potential problems on the packaging warning labels
- The company's marketing department advertises the product as safe to use through an express warranty
- The distributor that made the defective product available in the marketplace
- The doctor who recommended the product (medical malpractice)
- The surgeon who implanted the product (medical malpractice involved in cases with medical devices, resulting in injury or death)
- Any other party involved in the legal matter of when the defective product was in the design and manufacturing process until its use
Legal Theories of Recovery
There are two possible ways to recover in Chicago, IL, product liability lawsuits. First, under products liability law, 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.
Secondly, under negligence theory, the injured party must show that the manufacturer or seller was negligent in making the product. Proving the case might involve showing that the company did not exercise due care in creating the product, that the product was not fit for its intended use, or that there were defects in the design or manufacturing of the product.
Our Illinois law office provides legal representation in numerous practice areas, including medical negligence, car accident cases, products liability, nursing home abuse, harmful drugs, trucking crashes, and wrongful death.
The Negligence Theory of A Product Liability Claim
Even if you cannot show that the manufacturer should be strictly liable for your injuries, the law still allows you to recover in product liability lawsuits. Here, you 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 manufacturer (defendant) owed you the duty of care, such as when you are buying a product from the seller or maker offering two warranties: an express warranty and an implied warranty
- The manufacturer breached the duty of care by acting unreasonably (breach of warranty due to a defective design)
- The faulty product caused injury
- You would not have been injured but for the actions of the defendant
The manufacturer and their best lawyers will always try to show that their product was safe, or at least that it was not dangerous. Our Illinois personal injury attorneys can help prove that the defendant acted unreasonably.
Product Liability Claims
As a consumer, you likely have many home products that you use daily. You trust that these products are safe to use and will not cause you any harm.
However, sometimes manufacturers make mistakes in the design or production of their products, leading to a product defect that results in consumer injuries.
If a dangerous or defective product has injured you, you may be able to file a product liability claim against the manufacturer and their insurance company.
Contact our attorneys from the Chicago, Il. office today for a free case evaluation regarding your legal issue. We specialize in product liability lawsuits and can assist as you seek compensation for injuries sustained, lost wages, and medical bills.
Hire Attorneys to Resolve Your Product Liability Claim
You need an attorney on your side to handle your 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
- The product was unreasonably dangerous when used for the purpose intended
- 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, IL law firm to schedule your free consultation.
Building A Product Liability Case
- Your attorney will ask questions about your product liability claim. Our firm's Chicago product liability lawyers determine whether the law would support compensation and discuss your 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 harm.
- Before your 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 throughout this process will further help our firm build your case.
- Finally, your legal case will go to trial or ask to resolve the matter through a negotiated settlement. Your Chicago Il product liability lawyer will call witnesses and present the evidence.
Going to Trial
Your product liability trial begins with the selection of a jury. Your Chicago product liability lawyer will question potential jurors about their knowledge of the case and any biases they may have. The questioning is called voir dire, and it is essential to have an attorney who knows what to ask:
- Once the jury is selected, your product liability trial will thoroughly investigate the faulty product
- Determine whether the company that made or sold the product is liable for your injuries
- Calculate the damages you should receive
- Present your case clearly and persuasively to the jury so that they award you a verdict in your favor
The jury will decide whether the defendant has to pay for your injuries and lost income, usually paid by the defendant's insurance company.
Contact Our Chicago Product Liability Lawyers
Did a defective product injure you or did you lose a family member through another's negligence? Call us today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation to discuss your legal options.
At Rosenfeld Injury Lawyers, LLC, our product liability lawyers handle strict product liability cases for our clients who suffered severe consequences caused by defective products. We will 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 product defect, product recalls, medical malpractice, or dangerous drugs can file a wrongful death lawsuit through a great lawyer.
Your compensation should be sufficient to pay all outstanding medical expenses, hospitalization costs, funeral & burial expenses, funds for your grief, loss of companionship, financial support, and mental anguish.
We offer every client a "No Win/No-Fee" guarantee in all injury practice areas. This guarantee ensures that you will not pay our legal fees if we cannot obtain compensation on your behalf. Contact us for a free consultation and a free case evaluation.
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