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Chicago Products Liability Attorneys

Companies that design, manufacture, or sell products have a duty to ensure that their merchandise is safe for consumers. Too often, however, these companies put their own profits before the safety of the general public. When these entities fail to fulfill their duties and someone gets hurt, they can be held liable for the victim’s injuries and other losses. The Chicago products liability attorneys at Donald W. Fohrman & Associates, LTD. have recovered millions on behalf of victims who were injured by negligent manufacturers, designers, retailers, and other entities in the distribution chain.

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If you were hurt by a dangerous product or a manufacturer defect caused your loved one to lose his or her life, call our injury attorneys for a free, no obligation case evaluation.

Dangerous By Design: When Manufacturer Negligence Injures Innocent Victims

Despite stiff regulations that govern the manufacture and distribution of everything from toys and children’s items to medications, household chemicals, and even recreational and motor vehicles, millions of people are injured by dangerous products every year in the United States. In many of these cases, the companies that designed, produced, or sold these products knew about the risks involved. Instead of correcting the problems that could put consumers at risk, or warning them about the dangers, however, the companies held their own profits as priority over the safety and wellbeing of their customers. As a result, innocent victims:

Common Types of Product Liability Cases in Illinois

Some of the most common types of products liability cases involve:

Motor Vehicles

Since defective car or truck parts often cause serious injury or fatality auto accidents, some of the most highly-publicized defective or dangerous products cases involve motor vehicles. In cases like these, defective tires, airbags, steering systems, and brakes are often the culprit. When defective vehicles are sold to the public and someone gets hurt, the vehicle manufacturer, parts maker, and sometimes even the dealership can be held liable for damages.

Medications

In the United States, medications are regulated by the Food and Drug Administration (FDA). Although these products are required to be extensively tested before they ever become available to consumers, it is not uncommon for test results to be falsified, manufacturing practices to change, products to become contaminated, or warnings to be omitted. When dangerous medications make people in Illinois sick, manufacturers, pharmaceutical companies, retailers, doctors, and pharmacists may all be defendants in products liability lawsuits and personal injury cases.

Medical Devices

Dangerous medical devices have made headlines in recent years, and for good reason. Surgical mesh products, insulin pumps, infusion pumps, defibrillators, IVC filters, and hip and knee replacements are good examples of medical devices that have caused serious injuries and deaths.

Recreational Vehicles

Defective vehicle parts cause countless ATV accidents every year, with many resulting in permanently disabling injuries. When these vehicles rollover, catch fire, or explode because of defective parts or designs, the consequences can be deadly.

Toys

Every three minutes, one child in the United States suffers toy-related injuries so severe that he or she requires treatment in an emergency room. World Against Toys Causing Harm (WATCH) publishes a list of the top 10 most dangerous toys each year in December to help protect children from products that can cause disabling or deadly injuries. Dangerous toys often have choking hazards, sharp pieces, the potential for eye injuries or puncture wounds, chemicals that can cause respiratory or skin irritation, and even batteries that can explode or catch fire.

Appliances

From blenders and toasters to pressure cookers and deep fat fryers, countless small kitchen appliances are recalled each year because they are discovered to be dangerous to consumers. It is common for victims to suffer hand or finger injuries, severe burns, eye injuries, and more.

Theories of Product Liability in Illinois

The courts rely on two primary legal theories in product liability cases in Illinois. They are:

Strict Liability
Under the theory of strict liability, manufacturers and distributors can be held liable for injuries and deaths caused by their products regardless of whether they acted negligently. To recover compensation under this theory, you only need to show that:

  1. You purchased the product
  2. You used the product in a foreseeable manner
  3. The product is substantially in the same condition as it was in when it was in the possession of the manufacturer or distributor
  4. The product caused you to suffer an injury

Negligence
To recover compensation under the negligence theory of products liability law, you must be able to show that the manufacturer or seller:

  1. Owed you a duty of care
  2. Breached that duty by acting negligently or recklessly
  3. Caused you to be injured because of negligence or recklessness

Additionally, you may be able to recover compensation after suffering an injury caused by a dangerous product if you can prove that the distributor or manufacturer violated an implied or written warranty that guaranteed that the product was safe and free from hazardous defects.

FAQs About Products Liability Cases in Illinois

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What types of damages are recoverable in a products liability case?

If you were injured by a dangerous or defective product in Illinois, you may be able to recover compensation for your medical bills, lost wages, pain and suffering, emotional trauma, and more.

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How long do I have to bring a defective product lawsuit in Illinois?

In Illinois, you have just 2 years from the time your injury occurred to bring a claim for personal injuries you’ve endured and up to 5 years from the date of the incident to bring a claim for property damages. However, you must bring your lawsuit within 12 years of the date the product was first sold or 10 years from the date you obtained the defective product or from when it was modified. If the product was under warranty for a longer period of time, you may be able to file a lawsuit and recover damages as long as you do so within that period.

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Are retailers liable for dangerous product injuries?

Retailers and others in the supply chain can be held liable for injuries sustained as a result of dangerous or defective products they sell.

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