CHICAGO PRODUCT LIABILITY LAWYERS
We Fight For The Rights Of Those Injured By Defective Products
What is a Product Liability Lawsuit?
What are the Types of Product Liability in Illinois?
- Manufacturer defect: Poor manufacturing means that the product in question has a significant flaw that makes it both dangerous and distinguishable from similar products. The most common types of product liability cases involve poor manufacturing.
- Design defects: When it comes to defective design, the problem lies with the product’s design rather than the manufacturing process. Victims will generally claim that the entire product range is dangerous to customers, even when used as advised.
- Failure to warn: Failure to warn lawsuits happen when potentially harmful products are still marketed without any warning. The manufacturer is always required to provide warnings that inform customers on how to safely use the product. Consumers can’t protect themselves against dangerous products when they aren’t aware there’s a danger.
- Marketing defects: Similar to failure to warn, a marketing defect happens when a manufacturer doesn’t provide specific instructions on how to use a product safely. Marketing defects are most commonly seen in products that are safe when used as intended, but are incredibly dangerous when used inappropriately.
What are the Most Common Examples of Defective Products?
- Auto Parts: Any auto part can be defective by design or manufacturing, including engines, brakes, airbags, and more. Defective auto parts are generally the most common and most publicized type of product liability case. For example, General Motors recalled over 30 million cars over a faulty ignition switch that resulted in 124 deaths. The entire controversy ended with a $120 million settlement. Or, you may have heard of the Ford death wobble that caused injuries across the country.
- Medical devices: Another common product liability involves medical devices. For example, patients who receive a defective hip or knee implant can suffer serious consequences due to the implant gradually breaking down or moving out of place.
- Lawn equipment: Defective lawn equipment can be extremely dangerous and potentially injure thousands of people as a result.
- Children’s toys: Common defects in children’s toys generally include small pieces that can be choking hazards, toxic chemicals, faulty wiring, and more.
- Medications: Defective drugs are those that cause side effects that are dangerous enough to generally outweigh any benefits of the drug. Common examples include Zofran, Truvada, and various testosterone medications.
How to Prove a Product Liability Claim
- A store sold a potentially dangerous product to an individual
- The manufacturer or seller had an obligation to ensure their product met a consumer’s expectations
- The product contained either a manufacturing defect or a design defect
- A defective product proves dangerous to the average consumer
- The manufacturer or seller could have predicted that the defect would cause injury
- The defect in the product resulted in injuries for the consumer
How to Create a Successful Product Liability Claim
- Duty: A customer deserves for the manufacturer to create and distribute a safe product.
- Flaw: In order to have a strong product liability claim, the most important thing a plaintiff can do is prove that the product was actually defective or dangerous in some way.
- Causality: A plaintiff must prove that the defective product was the sole cause of harm in order to establish causation.
- Harm: Another essential part of having a strong claim is proving that a plaintiff was undoubtedly injured as a result of the defective product.
How Long Does it Take to Settle a Product Liability Lawsuit?
Illinois Statute of Limitations
Proving That a Product is Defective
Compensation for Defective Products
- Medical bills
- Long-term care costs
- Loss of earning capacity
- Damage or destruction to property
- Loss of quality of life
- Loss of consortium
- Emotional distress
- The manufacturer was fully aware that their product was hazardous
- The manufacturer failed to recall the product and continually advertised it despite the fact that it was dangerous