Product Liability Attorney

As a consumer in Cook County, you expect that the Chicago area purchased products will not be unreasonably dangerous. When you suffer serious injuries, you can file a personal injury lawsuit. You may be entitled to recover compensation for the harm you have suffered.

At Rosenfeld Injury Lawyers, LLC, our Chicago, IL personal injury attorneys help injured victims harmed through negligence receive the financial compensation they deserve.

Call us 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

Our product liability attorneys can help you file your case for consumer products and other dangerous items you have bought.

When you contact an experienced attorney to schedule a free consultation, you will learn more about how personal injury law allows you to recover financial compensation for your injuries.

Liability Law and Your Case

The basics of liability law are that manufacturers and sellers cannot place dangerous goods into the "stream of commerce.”

These products have more risks for consumers than what an ordinary consumer would anticipate. 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 is, it is helpful to know a few examples of these cases with the following factors:

The Design Defects

Any product with a flawed design creates an unsafe or dangerous scenario. Unfortunately, many design flaws are not identified until after the product is sold and harm individuals.

Under strict liability laws, all parties harmed by a defective product caused by a design defect can seek financial compensation.

Manufacturing Defects

Many consumers purchase products without knowing the manufacturing defect's hazards in the product's design or fabrication. Under liability law, the injured parties can file claims by suing the manufacturer or distributor of any defective product.

A liability lawsuit might involve defective vehicle parts, children's toys, consumer goods, household appliances, prescription medication, medical devices, or tools.

Hundreds of thousands of liability claims have been 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.

Marketing Defects

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 product that turns out to be defective, even if they were not involved in the design or manufacturing process. Liability laws also affect an implied promise of the product, leading to an unreasonable danger when used as intended.

A reputable 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 product liability attorneys for a free case evaluation to discuss a product liability claim involving a dangerous or defective product that led to an injury or death.

Defective Products that 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 online many statistics and technical reports categorized by different products used by American consumers.

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 you have suffered.

 

When You Can Sue a Manufacturer for a Dangerous or Defective ProductLaws dictate how strict liability claims are handled in federal and state courts, holding the product manufacturer and designer accountable through a negligence claim.Typically, these product liability cases are resolved when the victim's attorneys prove the defendant's negligence in creating or manufacturing dangerous products or showing a product's distribution chain that harms consumers.Did you suffer injuries sustained 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 entities responsible for designing, manufacturing, and distributing a product with manufacturing defects.Similarly, if your loved one was killed due to a dangerous 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 involved in the commerce stream that entitles you to a safe product that will not injure you.

Product Liability Litigation

If a defective product has injured you, you may be able to file a product liability claim. Product liability claims can be filed against the product's manufacturer, the retailer, or both.

Product liability litigation 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, like:

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

Liability Legal Theories of Recovery

There are two possible ways to recover in your Chicago, IL 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 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 damages including medical bills, lost wages, pain and suffering

Under a 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.

Your attorney must prove that the product was defective to ensure you receive financial compensation for your injuries.

Our law firms provide legal representation in numerous practice areas, including medical negligence, car accidents, premises liability, products liability, nursing home abuse, bad 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. 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 implied warranty
• The manufacturer breached the duty of care by acting unreasonably (breach of warranty due to a defective design)
• The defective product injured you
• 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 personal injury law firm can help you prove that the defendant acted unreasonably.

Your attorney can help you put forth the evidence to 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 seek compensation in a liability lawsuit:

• Lost wages for the time you have missed from work and would miss in the future; you can also be paid for the reduction in your earning capacity for your injuries resulting from a defective product
• Medical expenses for any treatment by a medical professional paid by you, including your ongoing medical expenses that likely include future medical bills and the cost of nursing care to treat your injuries
• Pain and suffering (in Illinois, there are no caps on pain and suffering)
• Emotional distress
• Disfigurement
• Loss of enjoyment of life
• Punitive damages if the defendant's conduct was egregious

While prior results in product liability claims do not indicate a similar outcome in your particular case, our lawyers will take legal action to ensure all those responsible are held liable for damages.

Examples of Product Liability Claims

As a consumer, you likely have many products in your home that you use every day. 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 injuries for consumers.

If a defective product has injured you, you may be able to file a product liability claim against the manufacturer. Here are some examples of common product liability claims: 

$673,000 Negotiated Settlement: Defective Toy

In May 2017, the parents of the injured party filed a product liability lawsuit against the manufacturer of a defective toy. The parents alleged that their son had suffered serious injuries due to playing with the defective toy.

The young boy choked on a large portion of a toy vehicle that had easily snapped off the product. The plaintiffs contend that the manufacturer's breach of warranty created a liability issue concerning the boy's damages. The parties reached a negotiated settlement of $673,000.

$1.1 Million Negotiated Settlement: Defective Home Appliance

In June 2019, a woman reached a negotiated settlement of $1.1 million with a defective home appliance manufacturer. The woman alleged that she had suffered severe injuries due to using a countertop air fryer that spontaneously ignited after the unit shut off automatically, causing a fire in the kitchen.

The woman suffered second-degree burns on her face and hands as she attempted to put the fire out before local firefighters arrived. Paramedics transported the burn victim to the local hospital for treatment.

After months of rehabilitation, the woman was left with permanent scarring and limited use of her hands. After mediation, the parties reached the negotiated settlement that included $1 million for her injuries and $100,000 to repair her property damage.

$325,000 Negotiated Settlement: Dangerous Medication

In 2019, a sixty-three-year-old female suffered severe reactions after taking medication to treat her asthma, including shortness of breath, swollen lips and tongue, and hives. She was hospitalized for several days and required an EpiPen to treat her anaphylactic shock. The woman alleged that the medication's warnings did not adequately warn consumers of the risks of taking the drug.

The parties reached a negotiated settlement of $325,000 before trial.

$82 Million Verdict: Defective Child Car Seat

In December 2017, a jury awarded $82 million to the parents of a young girl who suffered severe injuries in a car accident while riding in a defective child car seat. During the crash, the girl was ejected from her car seat and suffered severe injuries, including a traumatic brain injury.

The parents alleged that the car seat's design was defective and that the harness system failed to restrain their daughter during the crash. After a two-week trial, the jury found the car seat's manufacturer liable for the girl's injuries and awarded the parents $82 million in damages.

$225,000 Settlement: Food Poisoning

A food product manufacturer was held legally liable for failing to place a "Keep Refrigerated" warning on the product's warning label. After consuming the spoiled product, the injured party claimed they were harmed by food poisoning and food-borne illness.

Under strict liability laws, the manufacturer was held liable due to the manufacturer's negligence. The injured party suffered severe food poisoning, including diarrhea, cramping, and vomiting. The parties settled for $225,000 before trial, and the manufacturer has since updated the warning label.

As you can see, there are various ways that defective products can cause harm to consumers. If a defective product has injured you, you may be able to file a product liability claim against the manufacturer. An experienced attorney can help you investigate your claim and get your compensation.

If a defective product has injured you or a loved one, contact an experienced product liability attorney to discuss your legal options. An attorney can help you investigate your claim and get the compensation you deserve.

Your Product 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 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 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
• 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 sit down with you and ask questions about your case. The Chicago product liability 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 rights and legal 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 help our firm build your case even further.

Finally, your legal case will go to trial or ask to resolve the matter through a negotiated settlement. Your Chicago 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 important to have an attorney who knows what to ask.

• Once the jury is selected, your product liability trial will thoroughly investigate the defective 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 a legal liability to pay for your injuries and lost income usually paid by the defendant's insurance company. Product liability cases can be long and complex.

Contact Our Chicago Product Liability Lawyers

Did a defective product injure you or lose a family member through another's negligence? Call our law firm today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation to discuss your legal options and explain the entire process for your product liability case.

At Rosenfeld Injury Lawyers, LLC, our product liability lawyers handle strict product liability claims for our clients who suffered severe consequences caused by defective products. Our law firm holds 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. 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.

Resources:

• Consumer Product Safety Commission – Recalled Products
• GAO Consumer Safety Defective Products\