Defective Products Lawyer in Chicago, IL.

If you or someone you love sustained an injury caused by a faulty product, call a Burger Law defective products lawyer in Chicago, IL immediately at (314) 500-HURT or contact us online for a free case review .

Today, it seems almost everything we touch is a product. From cleaning supplies to vehicles, cosmetics, prescription drugs, medical devices, playground equipment and beyond, there’s so much in our lives that has gone through various stages of design and production before it reaches the buyer. That’s why every party in the chain of distribution has a duty to make sure you are not put at risk by a faulty product. We all have a right to not be put in harm’s way because proper safety protocols were not followed. When someone else breaks the rules and you wind up injured, the Chicago, IL defective products lawyer at Burger Law will fight on your behalf until you receive full compensation for your injuries.

At Burger Law, our defective products lawyer team in Chicago, IL has been seeking and delivering justice for over 30 years and has secured our clients over $170 million in verdicts and settlements. We know that an injury from a defective product is not something you were anticipating and can leave you worried and angry. We set the highest expectations for ourselves and do not let up until our clients in Chicago, IL get the full financial recovery they are owed. In doing so, your Burger Law defective products lawyer will help you feel like your life is back on track. Get in touch with 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 injured by a dangerous product in Chicago, IL, learn the true value of your claim by utilizing our complimentary personal injury calculator.

The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Chicago, 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 Chicago, IL?

The Consumer Product Safety Commission estimates that dangerous products are responsible for in excess of 29 million injuries and 21,000 fatalities every year.

Based on 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 extreme harm that can be caused when manufacturers and distributors do not follow the rules.

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

The majority of personal injury lawsuits in Chicago, IL are based on the concept of negligence. We all have an responsibility to each other’s safety in certain situations; for example, Chicago, IL dog owners must always have control of their dog. When someone fails in that duty, for instance if sustain an injury because you were hit by a distracted driver they can be held liable for your damages and would have to pay you compensation.

However, most product liability or hazardous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage a product causes, whether they were negligent or not. Pursuant to Illinois Jury Instructions 400.00, any product meant for consumer use or consumption needs to 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 Chicago, IL defective products lawyer have to demonstrate that the product was “unreasonably dangerous” — meaning it is unsafe when used in a foreseeable way — when it left the manufacturer’s or distributor’s control.

In Illinois, strict ability applies to three different categories of defective products:

1. Design Defect: A design defect is an innate imperfection in the design that afterwards passes the imperfection to all products with the same design. 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 a failure in the manufacturing process. This can either only make one product defective, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate instructions or warnings about innate dangers. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically does not have to warn against obvious risks. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Chicago, IL will hold them responsible by conducting a full investigation of your case and demanding only complete compensation.

Foreseeability in Defective Products Claims in Chicago, IL

Foreseeability is a key concept in defective products cases, and it applies to both you, the plaintiff, and a manufacturer or distributor, the defendant. The manufacturer must predict all the ways someone could logically use the product, while you would not have a very good case if you used the product in a way they manufacturer could not predict a rational buyer 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 Defective Products Lawyer in Chicago, IL Can Help

Dangerous product lawsuit can be difficult, given how many parties may be involved, the fact that each will strive to blame 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. At Burger Law, our defective products lawyer team prides itself on giving the highest level of legal advocacy to the injured in Chicago and throughout Illinois, regardless of a client’s financial status. We have instilled fear into powerful corporations and insurance companies because they know we take on and win the tough cases, and tackle each case with the same level of determination, devotion and prowess.

Your Burger Law defective products lawyer in Chicago, IL get to work on on your case immediately after you hire them. As your legal representative, we will:

• Investigate every aspect of your case, including the history of the product that hurt you and everyone that was part of its chain of distribution
• Consult with experts in a relevant field to find the exactly how a defect or failure to warn caused your injuries
• Handle all documentation, investigation, negotiation and litigation while you heal
• Maintain an open channel of communication with you, so you are kept in the loop and have all the information you need to make the best decision for yourself and your Chicago, IL family
• Do everything possible to get you the best possible compensation in negotiation so you do not have to go through a long trial
• Use our 30 years of trial experience to fight on your behalf in front of a jury if we have to

Every Burger Law defective products lawyer in Chicago, IL is continually honing their trial tactics and developing new strategies to combat the deceptive ploys insurance adjusters 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; don’t let it slip. Call Burger Law now at (314) 500-HURT.

Product liability claims also present an opportunity for a class action lawsuit, which are suits where multiple people are making a claim for the same injury against the same manufacturer or distributor. When you contact a defective products lawyer, you may that there are others who were impacted by the same product. Recently, Burger Law attained a $113.7 million verdict in a class-action claim.

Who Can I Sue for My Defective Products Injuries in Chicago, IL?

In general, anyone involved from the initial design to the product hitting the shelves may be held liable. 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 reimburse you for your injuries, 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 make an argument in court to keep the distributor in the complaint if they can show that:

• The distributor had “significant control” of the design or manufacture of the product;
• The distributor did in fact know of the product’s flaw; or
• The distributor created the defect

Pursuant to 735 ILCS 5/2-1117, plaintiffs in Illinois can make a joint and several liability claim. This means that when multiple parties are to blame, they are liable as a group (jointly) and as individuals (severally). So, if for some reason one defendant cannot pay you for their percentage of fault, there will be other parties who must pick up the rest of the tab. A veteran and expert Chicago, 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 responsible and you receive the maximum financial recovery that they owe you.

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

You and your Chicago, 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 the hazardous product resulted in some form of loss for you, for instance medical bills, lost wages and pain and suffering. 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 product in question was defective or lacked sufficient warning labels or instructions.
3. You and your defective products lawyer must prove that the design, manufacture or insufficient labeling was the proximate cause in your accident. If your car had faulty brakes and you were injured in an auto wreck, you would only have a product liability case if the cause of the accident was your brakes not functioning properly. If the cause of the injuries was a distracted driver who did not see you slowing down to turn, you would be able to sue the driver, but not the car manufacturer.
4. Finally, you and your defective products lawyer must prove that you were using the product as intended. If you followed the directions of applying a beauty product and still sustained burn marks, you likely will be awarded compensation for your damages. If you were injured while riding on top of a car with defective 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 Chicago, IL has experience handling all three varieties of product liability claims, proving the above four facets and getting great compensation for their clients.

Common Defective Products in Chicago, IL

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

Defective Vehicle Parts Lawyer in Chicago, IL

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Chicago, IL. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Steering systems
• Engine cooling fan blades

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

Defective Medical Devices Lawyer in Chicago, IL

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Chicago, IL has seen be defective include:

• Artificial hips, knees or other joints that can cause infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control devices that can puncture organs, lead to pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps implementing new technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a faulty medical device ended up worsening your condition, your Chicago, IL defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

Defective Drug Lawyer in Chicago, IL

The Federal Drug Administration has stringent procedures that pharmaceutical companies must follow from manufacturing to delivery. 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 third-party testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Chicago, 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 recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.

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

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

What Compensation Can My Defective Products Lawyer in Chicago, IL Help Me Recover?

In personal injury claims, you liable parties are obligated to reimburse you for economic damages, noneconomic damages and, in some rare cases, punitive damages. The amount of financial recovery you get will depend on the severity of your injuries, the economic, emotional and physical impact they have had for you and the talent of your defective products lawyer in Chicago, IL.

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 Chicago, IL defective products lawyer will help you collect are:

• Lost wages
• Lost or Reduced earning potential if your injuries resulted in permanent impairment
• Medical bills, such as:
  • Emergency room visits
  • Operations
  • Doctors appointments
  • Physical therapy
  • Prescriptions
  • In-home care
  • Assistive devices such as crutches or vehicle improvements
• Transportation fees

Noneconomic Damages

Noneconomic damages are harder to define, and are meant to provide you with a sense of being made whole after the physical and emotional pain you experience from your accident. According to 735 ILCS 5/ §2-1115.2, the state of Illinois defines noneconomic loss as:

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

Punitive Damages

Punitive damages seek to punish the at-fault manufacturer for gross misconduct and to warn others against making the same mistakes. In product liability claims in Illinois, your defective products lawyer must seek punitive damages in 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 no later than 30 days after the original complaint.

CALL BURGER LAW NOW

Chicago, IL Defective Products Lawyer | Burger Law

We know the idea of going up against powerful insurance companies or pharmaceutical companies can be stressful in and of itself, not to mention the stress caused by your injuries. They have the money and power 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 resistant insurance companies and getting the best possible results for our Chicago, IL clients. We fight until there is nothing left to fight and you are fully compensated for your injuries. Consulting with a Burger Law defective products lawyer is free, and we charge no attorneys fees until we achieve a successful resolution in your case. To take the first step in getting justice for your injuries, call a Burger Law defective products lawyer in Chicago, IL as soon as possible at (314) 500-HURT or fill out our online form.