Defective Products Lawyer in Chicago, Illinois.

If you or a loved one sustained an injury because of a dangerous product, call a Chicago-based Illinois defective products lawyer of Burger Law now at (314) 500-HURT or contact us online for a free consultation.

In today’s world, it seems almost everything we touch is a product. From cell phones to vehicles, make-up, power tools, prescription medication, medical devices, playground equipment and more, there’s so much in our lives that has at one point been devised, designed, manufactured, distributed and sold. That’s why everyone who takes part in distributing a product, from initial conception to the vendor who sells it, has a responsibility to make sure you are not put in unreasonable danger by a hazardous product. We all have a right to not be put in harm’s way because of other people’s or corporations’ negligence. When another party breaks the rules and you end up injured, the Illinois defective products lawyer at Burger Law will help you get maximum compensation for your injuries.

At Burger Law, our defective products lawyer team in Illinois has over 70 years of combined experience and has secured our clients over $170 million in verdicts and settlements. We know that an injury from a defective product is a sudden burden and can leave you uncertain and angry. We set the highest expectations for ourselves and work tirelessly to get our clients in Illinois the full compensation they deserve. In doing so, your Burger Law defective products lawyer will empower you to get back on your feet and feel whole again. Call us today at (314) 500-HURT to take the first step in securing maximum compensation for your or your loved one’s injuries.

If you were injured by a dangerous product in Illinois, see how much your claim may be worth by using our free personal injury calculator.

Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Illinois:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• What to Do if You’re Injured by a Dangerous Product?
• Can I Sue a Company if Their Product Gave Me Cancer?
• Can I Sue for a Defective Car Part if it Caused My Accident?

How Common Are Defective Products in Illinois? | Illinois Defective Products Statistics

The Consumer Product Safety Commission states that defective products account for over 29 million injuries and 21,000 deaths each year.

According to data from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That speaks to the incredible devastation an unsafe product can cause.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Illinois are based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that’s safe for other people on the Illinois roads, dog owners must always have control of their dogs and doctors must treat their patients with a standard of care. When someone fails in that duty, for example if you sustain a dog bite because a dog owner didn’t properly leash their dog, or sustain an injury because you were hit by a distracted driver, they can be found liable for your damages and would owe you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any injuries a product causes, whether they were negligent or not. According to Illinois Jury Instructions 400.00, any product put on the market should be “reasonably suitable for use as such accompanies it into the hands of the ultimate purchaser.” To win a strict liability case, you and your Illinois defective products lawyer must demonstrate that the product was “unreasonably dangerous” — meaning it is unsafe when used as intended or in a foreseeable way — when it left the manufacturer’s or distributor’s control.

Illinois classifies three different ways in which a product can be found defective:

1. Design Defect: A design defect is an inherent flaw in the design that subsequently affects all products with the same design. Examples can be an electrical appliance that can overheat and cause fires, a toy intended for children that contains a choking hazard or vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure in the manufacturing process. This can either affect only one product, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. Examples can be bugs or other contaminants found in beverages, incorrectly installing wires or electrical components or not properly fastening components to each other.
3. Inadequate Warnings and Instructions: Also called failure to warn, this refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects, or failing to warn that a hairdryer might cause an electric shock if it comes in contact with water. A manufacturer typically does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and incentive them to have thorough and exhaustive protocols for ensuring the safety of their products. However, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Illinois will hold them accountable by conducting a full investigation of your case and demanding nothing but maximum compensation.

Foreseeability in Defective Products Claims in Illinois

Foreseeability is an important concept in product liability claims, and it applies to both you, the plaintiff, and a manufacturer or vendor, the defendant. The manufacturer must account for all the ways that they can foresee someone reasonably using the product, while in order to make a claim you must not have been using the product in a way they manufacturer could not foresee a reasonable person using it. For example, you likely do not have a claim if you ingested a cleaning solution, but would have a claim if it caused burns on your skin.

How an Illinois Defective Products Lawyer Can Help

Product liability cases can be challenging, given how many parties may be involved, the fact that each will try to blame the other and the fact that manufacturers and large corporations often spend exorbitant amounts of money on legal defense teams. At Burger Law, our defective products lawyer team prides itself on giving the highest level of legal advocacy to the injured throughout Illinois, regardless of a client’s financial status. Those large corporations and insurance companies fear us because they know we take on and win the tough cases, and approach each case with the same level of determination, dedication and expertise.

When you hire a Burger Law defective products lawyer in Illinois, we get to work on your case immediately. As your legal advocate, we will:

• Conduct a full investigation, including into the background of the product that hurt you and everyone involved in its manufacture and distribution
• Consult with engineers, pharmacists, mechanics and other experts to find the defect that caused your injuries and how it occurred
• Handle all documentation, investigation, negotiation and litigation so you can focus on healing
• Keep you informed throughout your case, so you know what’s going on and have all the information you need to make the best decision for yourself and your Illinois family
• Do everything possible to get you full compensation in negotiation so you do not have to deal with a drawn-out trial
• Use our 30 years of trial experience to take the fight in front of a jury if we have to

Every Burger Law defective products lawyer in Illinois is constantly honing their trial skills and coming up with new ways to combat the tricks insurance adjusters use to devalue your claim. You only have one shot at getting the compensation you deserve; don’t let it slip. Call Burger Law now at (314) 500-HURT.

Product liability claims can also lead to class action lawsuits, which are suits where multiple people are making a claim for the same injury against the same product. When you contact a defective products lawyer, you may be able to be connected with others in your position and join their lawsuit. In a recent case, Burger Law achieved a $113.7 million verdict in a class-action suit.

Who Is Liable For My Defective Products Injuries in Illinois?

Generally, anyone in the chain of distribution, meaning anyone involved from the initial design to the product reaching the buyer, may be held liable. Illinois has what is called the “Distributor’s Statute” (735 ILCS 5/2-621), which allows for a distributor or vendor to be dismissed from a lawsuit only if the manufacturer can be found, still exists as a company and is able to pay for your compensation; the idea being the distributor does not bear much responsibility for design flaws. However, your defective products lawyer can file a motion to include the distributor if they can prove that:

• The distributor exercised “significant control” over the design or manufacture of the product;
• The distributor was aware of the product’s flaw; or
• The distributor created the defect

Under 735 ILCS 5/2-1117, Illinois allows for joint and several liability. This means that when multiple parties are at fault, they are liable as a group (jointly) and as individuals (severally). So, that if one of the defendants cannot afford to compensate you fully or has policy limits, the other liable defendants are required to pick up their portion of your reimbursement. An experienced and knowledgeable Illinois defective products lawyer like those at Burger Law will fight hard to ensure that each and every liable party to ensure that they are held accountable and you get the full financial recovery that they owe you.

What Do I Have to Prove in a Defective Products Claim in Illinois?

There are four factors that you and your Illinois defective products lawyer will have to prove in order to make a successful claim:

1. You and your defective products lawyer must show that you sustained injuries and damages because of the defective product. If a pharmaceutical company failed to warn of the dangers of combining their prescription drug with another, you would only have a claim if you took the prescriptions together and the combination caused you harm as a result. You would not have a claim if you never combined the drugs, or you did but it did not experience any ill-effects.
2. You and your defective products lawyer must show that the product in question was defective or lacked sufficient warning labels or instructions.
3. You and your defective products lawyer must prove that the defect or failure to warn was the proximate cause of your injuries. If your car had faulty brakes and you were injured in an auto accident, you would only have a product liability claim if the defective breaks contributed to the accident. If the cause of the injuries was a distracted driver who ran a red light, you would only have a claim against the other driver.
4. Lastly, you and your defective products lawyer must show that you were using the product as intended. If you used a cosmetic product as the directions stated and still wound up with burn marks, you very well might have a claim. If you were injured while riding on top of a car with faulty airbags, you would not have a claim as the airbags were not the cause of your injuries and riding on top of a vehicle is not the intent of a car or a reasonable use of it.

Your Burger law defective products lawyer in Illinois has experience handling all three types of product liability claims, proving the above four factors and getting great results for their clients.

Common Types of Defective Products in Illinois

There are so many different types of industries and products in the world, and almost any one of them could conceivably cause someone injuries because of a flaw anywhere in the distribution channel. Three of the most common and deadly claims we see are:

Defective Vehicle Parts Lawyer in Illinois

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Illinois. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and fail to protect occupants as intended. Common defective car components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wires
• Tires
• Steering systems
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause injuries, for instance if a design defective gives them a heightened propensity to rolling over.

Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.

Defective Medical Devices Lawyer in Illinois

Medical devices are intended to improve the lives of the people who need them. However, many medical devices have been found to be defective and ended up causing further injury and pain for the patient. Examples of medical devices that your Burger Law defective products lawyer in Illinois has seen be defective include:

• Artificial hips, knees or other joints that can cause infections, instability, pain or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots intended to operate on hard to reach areas which, when defective, can cause pierced organs, infections and electrical burns
• Blood clot filters that allow dislodged blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal bleeding and unintended pregnancies

As the medical industry has become more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017 the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Illinois defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you are reimbursed for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to degrade quickly and cause unimaginable pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint here:

Defective Drug Lawyer in Illinois

The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration does not actually test drugs itself; rather, it relies on data from pharmaceutical companies’ own testing to determine if a drug is safe for release to the public. That means that many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people they are supposed to be helping. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Illinois to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. market each year, and many of them have already been widely ingested and used. If you or a loved one received injuries or had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common defective products we see in Illinois include:

• Children’s toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Household cleaning products
• Industrial equipment and machinery
• Cell phone batteries
• Beauty products

What Compensation Can My Defective Products Lawyer in Illinois Help Me Recover?

In personal injury claims, you are legally owed economic damages, noneconomic damages and, in some rare cases, punitive damages. The amount of compensation you receive will depend on the severity of your injuries, how they have impacted you financially, emotionally and physically and the skill of your defective products lawyer in Illinois.

Economic Damages

Economic damages have clear monetary value, and will typically be the sum total of all of the money you spent or lost because of your injuries. Examples of economic damages your Illinois defective products lawyer will help you receive are:

• Lost wages
• Lost or Reduced earning potential
• Medical expenses, such as:
  • Emergency room visits
  • Surgeries
  • Doctors appointments
  • Physical therapy
  • Medication
  • In-home care
  • Assistive devices such as wheelchairs or household modifications
• Transportation fees

Noneconomic Damages

Noneconomic damages are less tangible, and are meant to compensate you for the physical and emotional pain you experience from your accident. According to 735 ILCS 5/ §2-1115.2, the state of Illinois states that noneconomic loss is, including but not limited to:

• Pain and suffering
• Disability
• Disfigurement
• Loss of consortium
• Loss of society

Punitive Damages

Punitive damages seek to punish the liable party for gross misconduct and to deter future misconduct. In product liability claims in Illinois, your defective products lawyer must seek punitive damages in a pre-trial motion and court hearing where they demonstrate that they are likely to be successful in obtaining them. The motion must be filed within 30 days of the original complaints.

CALL BURGER LAW NOW

Illinois Defective Products Lawyer | Burger Law

We know the prospect of going up against a large corporation can be daunting. They have the money and influence to manipulate the world in ways most of us do not entirely understand. But they cannot escape the law, and they cannot hide from Burger Law. We have spent decades standing up to bullies like large corporations and resistant insurance companies and delivering justice to the vulnerable in Illinois. We fight until there is nothing left to fight and you are fully compensated for your injuries. Talking to a Burger Law defective products lawyer is free, and we charge no attorneys fees until we win your case. To take the first step in getting justice for your injuries, call a Burger Law defective products lawyer in Illinois now at (314) 500-HURT or fill out our online form.