Curcio Law Offices has extensive experience in helping victims of defective products recover compensation for their injuries. Our Chicago product liability lawyers have represented many people and families afflicted with serious injuries caused by defective products. We’ve also been successful in winning them the compensation they deserve. Call Curcio Law today at 312-321-1111 for a free consultation.
What is a Product Liability Lawsuit?
If a consumer receives injuries from a product that was defective, they have grounds for a product liability lawsuit. Victims of defective products can sue all responsible parties, including the manufacturer or the seller.
What are the Types of Product Liability in Illinois?
Within a product liability lawsuit are four different types of claims: defective manufacturing, defective design, defective marketing, and failure to warn.
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.
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?
Any product has the potential to be dangerous or defective. However, there are some defective products on the market that frequently show up in court. Listed below are the products you should shop carefully for.
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
If you can prove either one of these claims, you are able to recover damages. In order to prove a product liability claim, plaintiffs must meet certain standards. To successfully recover damages in one of these lawsuits, Chicago product liability lawyers must prove the following:
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, flaw, causality, and damage are some of the most important components needed 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?
The length of a product liability lawsuit varies from case to case. How quickly you are able to get through it depends on a variety of factors. The first depends on the extent of your injury. Serious injuries that result in long-term or permanent disability generally take longer to resolve. This is because it’s harder to determine an appropriate amount of compensation.
Illinois Statute of Limitations
If the injured plaintiff has fully recovered before filing a claim, it will be easier to determine the amount of compensation. Therefore, Chicago product liability lawyers can help victims reach quicker settlements. However, you must keep in mind that there is a statute of limitations for how long you have to file a claim. In Illinois, the statute of limitations for personal injury claims is two years. This means you have two years from the date of your injury to file a lawsuit before your time limit is up.
Proving That a Product is Defective
Another factor that determines the length of a product liability lawsuit is how quickly your lawyer can prove that the product was defective. This can take a lot of investigating on your lawyer’s part. Chicago product liability lawyers must gather enough evidence to prove that the average consumer would not have noticed the defectiveness of the product.
With all of this in mind, it may take months, potentially years, to reach a settlement. However, choosing a law firm like Curcio can ensure your case moves forward at the quickest possible rate.
Compensation for Defective Products
Victims of defective and dangerous products can potentially receive many types of compensation, including economic damages, non-economic damages, and punitive damages.
At the very least, you will receive compensatory damages if you win a product liability case. This money will make up for the financial damages you’ve suffered as a result of your injury from a dangerous product. Compensatory damages intend to restore an injured person back to their pre-injury condition. The most prevalent types of compensatory damages are economic and non-economic losses.
Economic damages are the monetary losses that a person experiences as a result of an injury caused by defective or harmful product. Monetary losses are often calculated using documents and other financial data. Wounded victims may rely on data from medical and financial experts to provide an accurate estimate of prospective losses. Economic damages generally include:
Non-economic damages intend to compensate a victim for non-monetary losses suffered as a result of their harm. They’re thought to be more subjective than economic losses, which are calculated using medical bills and other documents. Witness testimony, including your own, is frequently used in product liability cases to assess the amount of non-economic damages. The impact of the accident and injuries on your life will be the subject of these statements. Your doctors may also speak about how your disability has negatively impacted your life. Non-economic damages generally include:
Pain and suffering
Loss of quality of life
Loss of consortium
Compensatory damages intend to completely restore a victim, whereas punitive damages penalize the responsible parties. Punitive damages, are uncommon in product liability cases. The court imposes them for these reasons:
Why Do I Need Chicago Product Liability Lawyers?
The goal of Chicago product liability lawyers is to investigate your situation and provide the evidence to the court. Curcio Law works closely with many industry experts to determine the cause of product liability cases. We have the skill, experience, and resources to effectively prepare, manage and present product liability cases to a jury or negotiate a settlement. Our staff is committed to ensuring that victims of defective products receive appropriate compensation to recover from their injuries and move forward with their lives.
Contact Chicago Product Liability Lawyers Today
If you or a family member is a victim of a defective product, contact Chicago product liability lawyers at Curcio Law Offices today. Our attorneys have reached millions of dollars in settlements for our product liability cases. We can help ensure you receive the compensation you deserve for your injuries. Call 312-321-1111 to schedule a free consultation today.