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Chicago Product Liability Lawyers
Strong representation against manufacturers, distributors, and sellers of defective products
Companies that design, manufacture, and sell products are strictly liable for the products they place into the stream of commerce. The burden is on the people and businesses that make products to take the necessary steps to ensure their products are safe – that they won’t cause injuries or deaths.
Strict liability means that our Chicago product liability attorneys do not need to prove the business that created or sold the produce was negligent. If a product is defective and that defect causes harm, the manufacturer can be held liable. In most cases involving products that don’t work, our Chicago product liability lawyers file strict liability claims. We also file breach of warranty claims and negligence claims. The lawyers at Gainsberg Injury and Accident Lawyers work with product safety experts to determine that the defective item was defective due to poor design, substandard workmanship, or faulty instructions and warnings – and that the defect caused your injuries or the death of a loved one.
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- What are the key requirements of a product liability claim in Chicago?
- What types of products are most likely to be defective in some way?
- How does a recall affect your product liability claim?
- What types of injuries do defective products cause in Chicago?
- What should I do if I’m injured by a defective product?
- Do you have a product liability lawyer near me?
What are the key requirements of a product liability claim in Chicago?
The core requirements for any product liability claim are:
- The product must have an unreasonably dangerous defect.
- The defect must cause your injuries or the death of a loved one.
- The defect must have been created during the design stage, the manufacturing stage, or the shipping stage.
Inaccurate or incomplete instructions on how to use the product or poorly crafted marketing materials can also be deemed defective. Products that fail to contain proper warnings are also considered defective.
Typically, we have product safety engineers (who work with or have knowledge about the product or similar ones) examine the product, the marketing, and the overall design and construction of the product to verify the product was defective. These experts can explain the following types of product dangers to judges and juries:
- Product design flaws. These flaws affect the safety of a product even if the best parts are used and the construction is first-rate. These days, many products are designed with the help of computer software. The software should help test the product’s safety in addition to the design.
- Product construction flaws. These defects often involve using substandard parts to save money and machines that don’t do quality work. They often involve placing company profit ahead of your safety.
- Failure to warn. Companies must provide adequate instructions for the use of their products and explain any potential known side effects or risks. Medications should explain the adverse side effects and dangerous interactions. Machinery should explain how to safely use the machines. Products packaged in plastic should explain that children may choke on the plastic. Chemical products should explain the dangers if the product is inhaled or applied to the skin.
What types of products are most likely to be defective in some way?
Almost any product that is sold can cause harm to a consumer. Some of the common types of defective product cases our Chicago product liability lawyers handle are:
- Vehicle parts. All parts of cars, trucks, motorcycles, and other vehicles need to work when you need them. The brakes shouldn’t fail. The tires shouldn’t blow out. Fuel lines shouldn’t ignite. The hydraulic and electric components need to work. The seatbelts and airbags must function in the event of an accident.
- Electrical products. Appliances, entertainment products, power tools, and every electrical product should be designed and manufactured so the consumer can use and enjoy the item without fear of being shocked, electrocuted, or burned.
- Toys and products for children. Children are especially susceptible to harm or even death when a toy, a crib, a bed, or any product designed for a child doesn’t work. Children don’t anticipate danger or know how to react when it occurs. Products designed for children must be safe. Unsafe children’s products include cribs, car seats, any item that might cause choking, and any clothing that might be flammable.
- Medical products and medicines. Prosthetic equipment and heart monitors should not cause additional harm. Pharmaceuticals and drugs should not worsen a patient’s condition. Anyone who makes or supplies bad devices or medicines should be held accountable. Many hip implants and vaginal and hernial mesh products have caused severe infections and other types of harm. Knee replacements and defibrillators have been known to fail – often requiring surgery to remove or replace them.
- Home products. Defective heaters, flammable curtains, cleaners with toxic chemicals, poorly made batteries, and many other defective products and acts of negligence can start a home fire.
- Workplace machinery and tools. When forklifts, scaffolds, or any piece of equipment or tool fails to work, the makers and the sellers may be liable.
When products fail, our lawyers file product liability claims against the responsible manufacturers, sellers, and distributors. We may also bring a medical malpractice claim or a workers’ compensation claim, depending on how the accident happened and who was hurt.
How does a recall affect your product liability claim?
To ensure the safety of products, different federal agencies have departments to examine the safety of products, receive complaints, and issue recalls.
- The Food and Drug Administration (FDA) regulates the safety of medications, medical devices, and other medical products.
- The Consumer Product Safety Commission (CPSC) regulates the safety of many different types of consumer products.
- The National Highway Traffic Safety Administration (NHTSA) regulates the safety of cars and car parts.
These agencies may issue product recalls if there is enough evidence that specific products are dangerous to the public. The recalls are usually posted on their website. The agency also notifies the manufacturers that a recall should be issued – though a manufacturer can also issue a recall based on its own investigation. Recalls generally instruct the owners of the product about the dangers of using the product and the possible remedies, including repairs and reimbursements.
At Gainsberg Injury and Accident Lawyers, we review whether a recall has been issued for the product that caused your injuries or the death of a loved one. There is no requirement that a recall be issued to file your claim. We can justify your claim based on the reports and testimony of the product safety professionals.
What types of injuries do defective products cause in Chicago?
Defective products can cause any type of injury, including:
- Traumatic brain injuries
- Spinal cord injuries
- Traumatic amputation/limb loss
- Burn injuries
- Broken bones
- Deterioration of existing medical conditions or the inability to correct medical conditions
- Nerve, muscle, ligament, and tissue damage
- Neck, shoulder, and back pain
- Internal organ damage and bleeding
- Vision and hearing loss
- Other types of injuries
What should I do if I’m injured by a defective product?
If you suffer injuries because of a defective or faulty product, do not throw that product away. Keep it somewhere safe – as well as any packaging and receipts you have – because it can be used in your claim against a liable party. You only have two years to file a product liability claim in Illinois, so contact us as soon as you can and let us know what happened.
Do you have a product liability lawyer near me?
Gainsberg Injury and Accident Lawyers meets personal injury victims and families at our office located at 77 W Washington Street, Suite 1215, right in downtown Chicago. There are two bus stops right near us if transportation is an issue. Our Chicago product liability lawyers also discuss cases by phone, video conference, and in-person hospital visits.
We’ll help you understand and assert your right to compensation when defective products cause harm.
When products cause you or a loved one harm, call our experienced Chicago product liability attorneys for help
Whether it’s a medication that caused heart failure, an electric blanket that caught fire, or car brakes that failed to make the car stop, our Chicago product liability lawyers have the skills and resources to help you get justice. We understand how upsetting it is when the products you buy for pleasure, for work, or for your health cause broken bones, burns, bruises, or other injuries. For help now, please call Gainsberg Injury and Accident Lawyers or fill out our contact form to schedule a free consultation. We’re ready to help you today.
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