CHICAGO Product Liability ATTORNEYS

People use products every day. From the machine that makes your coffee in the morning, to the car that takes you to work, to the stove that helps make your dinner at night, nearly everything people do requires some type of product. All of these products are important, and you never expect to become injured by them. Sadly, products hurt people more often than you may think. When they do, victims can claim compensation from the manufacturer, designer, or seller. 

If you have been hurt by a defective product, it is critical that you obtain sound legal advice. Our team of experienced Chicago product liability attorneys can help you through the process and ensure you receive the full and fair compensation you deserve. 

Common Product Liability Injuries Sustained 

Defective products can cause some of the most serious injuries. In the worst of cases, these injuries are so severe, the accident victim does not survive them. Some of the most common injuries caused by defective products are as follows: 

• Organ damage: Prescription medication that is intended to make you feel better when you are sick or injured can actually cause further damage. Some prescription medications have long-term side effects that are not written on the label. People who take certain medication for a long period of time can suffer liver, kidney, heart, or brain damage. 
• Head injuries: If a bicycle, motorcycle, car, scooter, or other vehicle is not manufactured correctly, they are much more likely to become involved in an accident and cause serious head injuries. Even when people choose to wear a helmet, which is not always mandatory, it may not be enough to protect someone during a crash. 
• Choking: Small parts on toys can easily break off, creating a choking hazard for the children who play with them. It is the nature of children to be curious and they may place these small parts in their mouths. If choking is not treated immediately, a child may lose their life. 
• Burns: Household appliances such as pressure cookers, curling irons, toasters, and stoves can have faulty wiring and are at an increased risk of bursting into flames, causing severe burns for the person who uses them. Burns are excruciatingly painful and can cause infection, permanent scarring and disfigurement, and other complications. 
• Broken bones: When a product unexpectedly breaks, it can result in broken bones. For example, if a high chair breaks while a child is sitting in it, they could break their leg or their arm.  

If you have suffered any of the above injuries, or any other, due to a defective product you may have a valid product liability claim. 

How to Recover Compensation in a Product Liability Claim 

While the majority of personal injury cases rest on the legal theory of negligence, product liability cases revolve around the concept of strict liability. Strict liability means that it is not necessary to show that a defendant’s actions fell below the accepted standard of care. Without strict liability laws, injured plaintiffs would find it incredibly difficult to obtain the compensation they need. 

Still, it is important to note that strict liability does not mean a manufacturer or other party is automatically liable. Although these cases can be easier to prove due to the fact that it is not necessary to show negligence, there are many ways manufacturers and other parties defend strict liability. For example, if someone knew a product was defective before using it, or they used it in a way that was different than it was intended, it can be very difficult for a person to recover compensation. 

How Our Firm Can Help You Build a Strong Claim 

Some people are hesitant to work with an attorney when pursuing a product liability claim, but it is crucial that you do. Our team of attorneys can help in many ways, including: 

• Demonstrate that the product that hurt you was defective, 
• Provide expert testimony that explains how the product was defective, 
• Obtain internal company documents from manufacturers, designers, and sellers showing that there was a problem with the product, 
• Gather information about previous lawsuits or recalls that show there was a problem with the product, 
• Gather medical evidence that proves the nature and severity of your injuries, 
• Obtain records demonstrating that safety standards and regulations were not adhered to 

The above are just a few ways in which our team of attorneys can help. We also offer free consultations and do not get paid unless we win your case for you. When you let us file your claim, you really have nothing to lose. We have helped many clients with product liability claims, including the confidential settlement our attorneys helped obtain on behalf of a family whose loved one was killed after her car stalled on Lake Shore Drive due to a product defect. 

Determining Liability for a Defective Product 

One of three parties, or a combination of all of them, can be held liable for defective products that cause injury. These parties are as follows: 

• Designers: When a product’s design is defective, it is inherently flawed. When a product has a defective design, you do not have to prove the manufacturer knew about it. You only must show the manufacturer must have known about it to hold the manufacturer and designer liable. 
• Manufacturers: Defects can occur in the manufacturing process and when this is the case, manufacturers can be held liable. For example, a child’s toy may be designed with a larger button that does not pose a choking hazard. If the button is made too small during the manufacturing process, though, the manufacturer is at fault. 
• Sellers: When sellers receive a product, they must ensure it remains in the same safe condition until it is sold. When sellers make a product defective due to improper storage, display, or otherwise manipulating the product, they can be held liable. 

Common Types of Defective Products 

While any product can be defective and cause an injury, there are some that are more common than others. These include: 

• Airbags 
• Appliances 
• Children’s toys 
• Food 
• Firearms 
• Medications 
• Vehicles 
• Industrial equipment 
• Medical devices 
• Tools 
• Tires 
• Electronics 
• Cleaning products 

Our Product Liability Attorneys in Chicago Can Help with Your Case 

If you have been injured by a defective product, our Chicago product liability attorneys at Kennedy Watkins can help. We are available 24 hours a day, 7 days a week, and will travel to anywhere you are located in the state to meet with you. Call us now at (312) 448-8181 or contact us online to schedule a free review of your case and to learn more. 

FAQ

About Dangerous & Defective Products Claims in Illinois

How Long to File a Product Liability Claim?

Like other personal injury lawsuits, you only have a certain amount of time to file a product liability claim. This time limit is known as the statute of limitations. Also like with other personal injury claims, you generally have two years to file a product liability claim. 

Why are Expert Witnesses Necessary to Prove a Product was Defective?

Expert witnesses are often used in personal injury cases, but they are particularly important in product liability claims. Manufacturing experts are necessary to explain the manufacturing process, the protocol that should be followed, and other important details. Medical experts are also often necessary to explain how a defective product caused injury. For example, if a child was injured due to lead paint in a toy, a medical expert would be necessary to fully explain lead poisoning. 

Can a Product Be Too Old to File a Product Liability Claim?

Sometimes.  Under Illinois law, there is a statute of repose that expires 12 years after manufacturing or 10 years after first sale of the product, whichever is shorter. It is not possible to successfully bring a strict product liability claim against a product manufacturer or seller when the product is older than this.  However, the statute of repose only applies to strict liability claims and not to negligence claims. Our experienced product liability attorneys will determine what claims should be brought in your specific situation. 

Do I Have a Case if the Product that Injured Me was Mislabeled?

Some products are inherently dangerous. Chainsaws, knives, medication, gas grills and ovens, cleaning solutions, and medical devices are just a few examples of these. When the very nature of a product makes it dangerous, manufacturers must include a warning on the product and in their marketing material that outlines the dangers and informs consumers about how to safely use the product. 

A Defective Injury Caused a Minor Injury. Should I Still File a Claim?

If you used a defective product, you may think you should not file a claim if your injuries were only minor. However, there are two important reasons to still hold the liable party responsible. First and foremost, your injuries may be worse than you first suspected. Complications may arise and you may require additional medical treatment in the future. Your doctor and a lawyer can advise on the extent of your injuries and ensure you receive the full compensation you will need until you make a full recovery. 

Secondly, holding the responsible party liable can also help other consumers in the future. While your injuries may actually be minor, others may suffer injuries that are more severe in the future. If they can show the responsible party has had claims filed against them in the past, it can strengthen their case and ensure justice for all consumers.