Chicago Product Liability Lawyers
Chicago Product Liability Attorneys Can Help You Recover Compensation When Products Cause Injuries
For over 65 years the Chicago attorneys at Phillips Law Offices have been assisting Illinois clients injured as a result of dangerous, defective, malfunctioning, or negligently manufactured and/or maintained products.
Legal FAQ: Who Can Sue for Defective Products?
The products you purchase from retail stores, wholesalers, supermarkets, or specialty outlets are manufactured with implicit guarantees such as:
- The item is not defective; and
- You, the purchaser, will be safe if the product is used as intended.
If a purchased product causes injury or property damage when it has been used in an appropriate manner, you may have a claim that will enable you to recover damages via a personal injury suit. In fact, if you have been loaned or given a defective product you may also file a products liability claim.
The elite team of Chicago personal injury lawyers from Phillips Law Offices will assess the nature and damages associated with your injury. From there, we will file a claim against the manufacturer or party who is responsible for the flaw in the product.
We then gather enough evidence to show that the product was indeed defective, and through a settlement or trial fight to obtain the compensation you deserve. Our years of experience with Illinois product liability law and personal injury law help us to provide you with the best possible chance of seeing a favorable resolution to your case.
Anyone who has potentially suffered losses or injury as a result of a manufacturer defect, defective design or other flaw may have a viable legal claim.
To sue for defective products and dangerous products, you must meet certain criteria that’s set forth in Illinois laws:
- You must show that the defendant (i.e. the seller or manufacturer) had a duty to avoid harming the victim;
- You must show that the defendant breached this duty to the victim;
- And, among other things, you must show that the breach of duty in some way caused a foreseeable physical injury, property damage or another tangible loss.
These points are key elements in launching a successful dangerous product lawsuit, whether due to a manufacturer defect, poor design or other flaw.
In considering your case, our lawyers determine which of the four main categories designated for defective products your claim may fall into for the purpose of filing a products liability claim. The four most common reasons for filing product liability lawsuits include:
- Design defects and flaws in the item’s conceptual design;
- Manufacturing defects that occur during the actual manufacturing process;
- Defects in marketing such as improper instructions or failures to inform consumers of potential and latent dangers in the product; and
- Defects in warnings labels and cautions.
While typically the manufacturer holds a majority of the liability in a lawsuit involving a defective or dangerous product, it may also be possible to file a claim against a retailer, wholesaler or distributor.
In short, retailers may hold some liability if they sell a defective or dangerous product. This is especially true if a shop or distributor continues to sell products that have been reported as defective and dangerous. For example, if a store ignores a manufacturer’s orders to remove a particular product from the shelves due to its defective nature, but the store continues to sell that product, then the retailer may hold some liability in the equation because they are knowingly selling a faulty or dangerous product.
A distributor or retailer may hold liability if your lawyer can prove that they shirked their duties to the consumer in some way. You could even see a retailer hold a majority of the liability if they caused the product to be defective or dangerous. For example, if a supermarket keeps their refrigerator temperature warmer than recommended to save money, then they may be liable if someone gets sick with food poisoning from eating foods that were not refrigerated properly.
Each case is unique, so it’s important to contact our law firm so you can consult with one of our product liability attorneys to discuss the specifics in your case.
Nearly every type and variety of product could potentially be involved in a liability claim, but there are certain items that tend to be at higher risk of causing an injury that could lead to litigation. Below is a short list of common defective products that have a high potential for injury:
- Automobiles and auto parts, including entire vehicles, tires, car seats, seat belts, brakes and beyond;
- Foods, including foods from grocery stores and fast food establishments;
- Medicines or defective drugs, including pharmaceuticals and prescription drugs, over-the-counter medications and homeopathic solutions;
- Cosmetics and personal care products such as hair eyes, mascara, lotions, eyeliner, baby powder, deodorant and lipstick;
- Medical devices such as Stryker and DePuy hip replacement implants and transvaginal mesh patches;
- Rehabilitative healthcare products such as catheters and walkers;
- Baby strollers, car seats, cribs, baby toys and baby bottles;
- Children’s toys, bicycles, swing sets and sporting goods; and
- Equipment, tools and industrial machines.
These are just some of the many types of products that can be involved in a product liability lawsuit.
If a product is involved in a large number of injuries or lawsuits, or if the manufacturer finds other evidence that a product is dangerous, then they may opt to issue a recall. Thousands of product recalls are issued each year in the U.S. and beyond. There are many websites such as Recalls.gov that are dedicated to disseminating information to consumers who are seeking information about recalled products.
If you or a loved one has been injured by what you believe is a dangerous product, contact one of the most well-regarded law firms in the Midwest: Phillips Law Offices. One of our experienced products liability attorneys can evaluate your situation to determine if you have a viable claim. Call (312) 346-4262, or contact us online today for a free consultation on your case.