Defective Products Lawyer in Champaign County, IL.

If you or someone you love were harmed caused by a hazardous product, call a Burger Law defective products lawyer in Champaign County, IL right away at (314) 500-HURT or contact us online to go over you case at no cost .

Today, products surround us in our homes, our places of work, our cars and everywhere. From household appliances to vehicles, make-up, prescription drugs, medical devices, industrial equipment and beyond, there’s so around us that has at one point been thought up, 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 placed in unreasonable danger by a hazardous product. We all have a right to not be put in harm’s way because other people or corporations chose not to respect your safety. When a manufacturer or vendor breaks the rules and causes you injury, the Champaign County, IL defective products lawyer at Burger Law will help you get full compensation for your injuries.

At Burger Law, our defective products lawyer team in Champaign County, IL 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 an unanticipated hardship and can leave you anxious and infuriated. We set the highest expectations for ourselves and do not let up until our clients in Champaign County, IL get the best possible financial recovery they are owed. In doing so, your Burger Law defective products lawyer will help you feel like you have truly healed. Reach out to us now at (314) 500-HURT for heartfelt, determined and accomplished legal advocacy.

If you were injured by a dangerous product in Champaign County, IL, learn the true value of your case by filling out our free personal injury calculator.

The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Champaign County, IL:

• 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 Champaign County, IL?

The Consumer Product Safety Commission has found that faulty products result in over 29 million injuries and 21,000 deaths annually.

According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable harm an unsafe product can cause.

Strict Liability and Negligence in Defective Products Claims: What’s the Difference?

Most personal injury cases in Champaign County, IL are won or lost based on the idea of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Champaign County, IL patients with a standard of care. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be held accountable for your damages and would owe you compensation.

However, most product liability or defective products cases come down to strict liability, meaning that a designer, manufacturer or vendor is at fault for any injuries a product causes, irrespective of negligence. According to Illinois Jury Instructions 400.00, any product sold in the United States should be “reasonably suitable for use as such accompanies it into the hands of the ultimate purchaser.” To make a successful strict liability claim, you and your Champaign County, IL defective products lawyer have to persuade an insurance adjuster or jury that the product was “unreasonably dangerous” — meaning it is unsafe when used as intended — at the moment that you acquired it.

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

1. Design Defect: A design defect is an innate flaw in the design that afterwards passes the fault to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or a swing set with a cracked chain.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer generally does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement exhaustive safety procedures for ensuring that their products will not put the people who use it at risk. Even so, too often companies do not value our safety and concentrate more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Champaign County, IL will fight by your side and demand nothing but the maximum financial recovery.

Foreseeability in Defective Products Claims in Champaign County, IL

Foreseeability is a vital concept in defective products claims, and it applies to both you, the plaintiff, and a manufacturer or distributor, the defendant. The manufacturer must predict all the ways someone could rationally use the product, while you would not have a very good case if you used the product in a way they manufacturer could not anticipate a rational 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.

Why Hire a Defective Products Lawyer in Champaign County, IL?

Dangerous product suits can be difficult, the sheer number of parties you can name in the lawsuit, the fact that each will strive to shift liability onto the others and the fact that the companies that made the product usually have the resources to hire expensive and high-profile legal defense teams. With Burger Law, you do not have to have a lot of money to hire an accomplished and savvy defective products lawyer that consistently gets great results in complex cases. We charge no upfront fees, and only take a moderate percentage of your final settlement or verdict. We have instilled fear into powerful corporations and insurance companies because they know we do not back down from the tough cases, and approach each case with the same level of tenacity, dedication and expertise.

When you hire a Burger Law defective products lawyer in Champaign County, IL, we get to work on on your case right away. As your legal advocate, we will:

• Perform a full investigation, including the history of the product that injured you and all parties involved from initial design to your final purchase
• Consult with engineers, pharmacists, mechanics and other experts to discover the defect that caused your injuries and how it occurred
• Oversee all documentation, investigation, negotiation and litigation so you can have peace of mind during your recovery
• Keep you informed throughout your case, so you are kept in the loop and will be able to make the best decision for yourself and your Champaign County, IL family
• Do everything possible to get you maximum compensation in negotiation so you do not have to go through a long trial
• Use our 70 years of combined trial experience to take the fight in front of a jury if that is the only way see you fairly reimbursed for your injuries

Every Burger Law defective products lawyer in Champaign County, IL spends a lot of time working on their trial skills and looking for new ways to fight back against the chicaneries insurance companies employ to try and pay you as little as they can or nothing at all. You only have one chance at securing the compensation you deserve; you need an attorney you can trust. Call Burger Law now at (314) 500-HURT.

Product liability suits can also lead to class action lawsuits, which are suits where a collective group of people join together to seek justice and compensation against the same company. When you seek out a defective products lawyer, you may be able to be connected with others in your position and join their lawsuit. Recently, Burger Law delivered a $113.7 million verdict in a class-action claim.

Who Is to Blame For My Defective Products Injuries in Champaign County, IL?

In most cases, anyone in the chain of distribution may be found responsible. Illinois has what is referred to as 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 is that the distributor is not liable for errors in the development or manufacturing process. However, your defective products lawyer can make an argument in court to include the vendor if they can show that:

• The distributor was in “significant control” of the design or manufacture of the product;
• The distributor did in fact know of the product’s flaw; or
• The distributor was the party responsible for the defect

Under 735 ILCS 5/2-1117, Illinois is a joint and several liability state. This means that when multiple parties are at fault, they are liable as a group (jointly) and as individuals (severally). So, if for some reason one defendant cannot reimburse you for their percentage of fault, there will be other parties who are obligated to make up the difference. An experienced and talented Champaign County, IL 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 to blame and you collect the full financial recovery that they owe you.

What Do I Have to Prove in a Defective Products Claim in Champaign County, IL?

You and your Champaign County, IL defective products lawyer will have to will have to convince the court of the following four factors:

1. You and your defective products lawyer must show that you sustained injuries and damages because of the defective product. If a weed killing agent is later found to cause cancer in some users, you would only have a claim if you were diagnosed with cancer.
2. You and your defective products lawyer must demonstrate that the company or corporation you are filing suit against did not create a safe product or did not sufficiently warn of known or foreseeable hazards.
3. You and your defective products lawyer must prove that the defect or failure to warn was the proximate cause in your accident. If your car had defective brakes and you were injured in a motor vehicle collision, you would only have a dangerous products claim if the malfunctioning breaks were a factor to the accident. If the cause of the accident was a distracted driver who rear-ended you, you would be able to sue the driver, but not the car manufacturer.
4. Finally, you and your defective products lawyer must demonstrate that you were using the product in a reasonable way. 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 malfunctioning airbags, you would not have a claim as the airbags were not the cause of your injuries and the reasonable use of a car is riding inside of it, not on top of it.

Your Burger law defective products lawyer in Champaign County, IL has been taking on and proving product liability claims for over 30 years and always gets the best possible compensation for their clients.

Common Defective Products in Champaign County, IL

There are so many different types of industries that we interact with on a daily or semi-regular basis, and any product that is not adequately designed, tested, manufactured and distributed could cause serious injuries. Three of the most common and deadly claims we see are:

Defective Vehicle Parts Lawyer in Champaign County, IL

Our defective products lawyer team sees in Champaign County, IL sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wires
• Tires
• Door latches
• Accelerators

Offroad vehicles like 4-wheelers can also cause damage, for instance if a design defect gives them a heightened propensity to rolling over.

Defective Medical Devices Lawyer in Champaign County, IL

Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Champaign County, IL has seen be defective are:

• Artificial hips, knees or other joints that can cause infections, instability, pain or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
• Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can cause pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can perforate organs, result in pain in the pelvic region, abnormal bleeding and unwanted pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to problems with software.

In 2017, the U.S. Health and Human Services Department found that over the span of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Champaign County, IL defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the link below:

Defective Drug Lawyer in Champaign County, IL

The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute independent testing many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line 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 Champaign County, IL to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Four thousand five hundred prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love sustained injuries because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon.

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Other examples of dangerous products we see in Champaign County, IL include:

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

What Compensation Can My Defective Products Lawyer in Champaign County, IL 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 financial recovery you collect is based on the extent of your damages, how they have affected you economically, emotionally and physically and the talent of your defective products lawyer in Champaign County, IL.

Economic Damages

Economic damages have clear monetary value, and include all of the money you spent or lost because of your injuries. Your Champaign County, IL defective products lawyer will help you be repaid for:

• Money you did not earn because of time spent away from work
• Lost or Reduced earning capacity if your injuries resulted in lifelong disability
• Medical costs, including:
  • Urgent care
  • Surgeries
  • Doctors appointments
  • Physical therapy
  • Prescriptions
  • In-home care
  • Assistive devices such as wheelchairs or household improvements
• Transportation expenses

Noneconomic Damages

Noneconomic damages are less tangible, and are meant to compensate you for the physical and emotional pain your injuries cause. According to 735 ILCS 5/ §2-1115.2, the state of Illinois defines noneconomic damages as:

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

Punitive Damages

Punitive damages seek to punish the at-fault manufacturer for egregious misconduct and to deter future misconduct. In product liability claims in Illinois, your defective products lawyer can only seek punitive damages if they make a pre-trial motion in a court hearing where they demonstrate that a jury has a good chance of awarding you those damages. The motion must be filed within 30 days of the you initially file the lawsuit.

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CALL BURGER LAW NOW

Champaign County, IL Defective Products Lawyer | Burger Law

 

We know the prospect of going up against powerful insurance companies or pharmaceutical companies can be daunting. It seems like the larger and more powerful a corporation, the more impossible it is to hold them accountable. But Burger Law will make sure they do not avoid the consequences of their actions. We have spent decades fighting back against bullies like resistant insurance companies and getting the best possible results for our Champaign County, IL clients. 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 Champaign County, IL today at (314) 500-HURT or fill out our online form.