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(314) 500-HURTIf you or someone you care about sustained an injury because of a hazardous product, call a Burger Law defective products lawyer in Champaign, IL now at (314) 500-HURT or contact us online for a complimentary case review .
In today’s world, it can feel like almost everything we touch is a product. From household appliances to vehicles, beauty products, prescription medication, medical devices, household appliances and more, there’s so around us that has at one point been devised, designed, manufactured, distributed and sold. That’s why everyone involved in manufacturing and selling has a duty to make sure you are not put in danger by a faulty product. We all have a right to not be put in harm’s way because of other people’s or corporations’ negligence. When someone else breaks the rules and causes you harm, the Champaign, IL defective products lawyer at Burger Law will fight on your behalf until you get maximum compensation for all of your damages.
At Burger Law, our defective products lawyer team in Champaign, 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 angry. We hold ourselves to the highest standard of legal representation and do not rest until our clients in Champaign, IL secure the best possible compensation they are owed. In doing so, your Burger Law defective products lawyer will help you feel like your life is back on track. Contact us immediately at (314) 500-HURT to take the first step in securing maximum compensation for your or your loved one’s injuries.
If you were harmed by a defective product in Champaign, IL, discover the true value of your claim by using our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Champaign, IL:
The Consumer Product Safety Commission estimates that hazardous products account for in excess of 29 million injuries and 21,000 fatalities each year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible harm an unsafe product can cause.
The majority of personal injury suits in Champaign, IL are based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, Champaign, IL dog owners must always have control of their dog. When someone fails in that responsibility, for instance if you sustain a dog bite are because a dog owner didn’t properly leash their dog they may be held liable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that anyone in the chain of distribution is liable for any damage that stems from the reasonable use of a product, irrespective of negligence. Pursuant to Illinois Jury Instructions 400.00, any product sold in the United States needs to be “reasonably suitable for use as such accompanies it into the hands of the ultimate purchaser.” To successfully collect the compensation you are owed, you and your Champaign, IL defective products lawyer have to demonstrate that the product was “unreasonably dangerous” — meaning it is unsafe when used in a foreseeable way — at the moment that you acquired it.
In Illinois, strict ability applies to three different categories of defective products:
Strict liability is meant to incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Champaign, IL will fight by your side and insist on nothing but the best possible financial recovery.
Foreseeability is a vital concept in defective products lawsuits, and it is relevant to everyone involved. The corporation that made the product must anticipate all the ways someone could appropriately use the product, while in order to make a claim you must not have been using the product in a way they manufacturer could not account for a rational consumer using it. For example, you likely do not have a claim if you were using a power tool recklessly.
Product liability claims can be difficult, due to how many parties may be involved, the fact that each will seek to deflect liability onto the others and the fact that manufacturers and large corporations usually have the resources to hire expensive and high-profile legal defense teams. At Burger Law, our defective products lawyer team prides itself on giving the highest level of legal advocacy to the injured in Champaign and 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 tackle each case with the same level of resolve, commitment and prowess.
Your Burger Law defective products lawyer in Champaign, IL get to work on on your case immediately after you hire them. As your legal representative, we will:
Every Burger Law defective products lawyer in Champaign, IL spends a lot of time honing their trial abilities and developing new strategies to fight back against the deceptive ploys insurance companies implement to minimize your damages. You only have one opportunity to get the financial recovery you deserve; you need an attorney whose clients matter to them. Call Burger Law now at (314) 500-HURT.
Generally speaking, anyone in the chain of distribution may be found accountable. Illinois has what is referred to as the “Distributor’s Statute” (735 ILCS 5/2-621), which states that, as long as the company or corporation that made the product still exists, can be found and can afford to compensate you for your damages, a vendor or distributor may seek to remove themselves from a lawsuit. The idea is that the distributor is not liable for errors in the development or manufacturing process. However, your defective products lawyer can convince a judge to include the distributor if they can demonstrate that:
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, if for some reason one defendant cannot reimburse you for their percentage of fault, there will be other parties who must pick up the rest of the tab. An accomplished and talented Champaign, IL defective products lawyer like those at Burger Law will fight hard so that you get every penny you are owed and that no one liable for your injuries escapes taking responsibility.
There are four facets that you and your Champaign, IL defective products lawyer will have to demonstrate in order to win your lawsuit:
Your Burger law defective products lawyer in Champaign, IL has been taking on and proving defective products claims for over 30 years and always gets the best possible financial recovery for their clients.
There are so many different kinds of industries in our daily lives, and almost any one of them could theoretically cause someone harm because of a miscalculation anywhere in the distribution channel. Three of the most common and deadly claims we see are:
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Champaign, IL. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous automobile components we see are:
Offroad vehicles like ATVs can also cause injuries, for instance if a design defect gives them a heightened propensity to rolling over.
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Champaign, IL has seen be defective are:
As the medical industry keeps inventing new technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the number one factor.
In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you damages, your Champaign, IL defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:
The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to delivery. 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 shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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, IL to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Four thousand five hundred drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one sustained injuries because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
Other examples of defective products we see in Champaign, IL include:
In defective products claims, you have a legal right to economic damages, noneconomic damages and, in some rare cases, punitive damages. The total compensation you are awarded is based on the severity of your injuries, the economic, emotional and physical consequences they have had for you and the tenacity of your defective products lawyer in Champaign, IL.
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 Champaign, IL defective products lawyer will help you recover are:
Noneconomic damages are less tangible, and are meant to provide you with a sense of being made whole after the physical and emotional pain your injuries cause. According to 735 ILCS 5/ §2-1115.2, the state of Illinois stipulates that noneconomic damages are, including but not limited to:
Punitive damages seek to punish the at-fault party for gross misconduct and to warn others against making the same mistakes. In dangerous products claims in Illinois, your defective products lawyer must seek punitive damages in a pre-trial motion in a court hearing where they show that gross misconduct probably occurred. The motion must be filed within 30 days of the original complaint.
CALL BURGER LAW NOW
We know the thought of going up against a large corporation can be stressful by itself, not to mention the stress caused by your injuries. 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 pledged our careers to fighting back against bullies like resistant insurance companies and delivering justice to the vulnerable in Champaign, IL. We fight until there is nothing left to fight and the final verdict or settlement sees you fully compensated and whole again. Consulting with a Burger Law defective products lawyer does not cost anything, and you only pay us when we win your case. To take the first step in getting justice for your injuries, call a Burger Law defective products lawyer in Champaign, IL now at (314) 500-HURT or fill out our online form.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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