Defective Products Lawyer in Elk Grove Village, IL.

 If you or someone you care about were injured caused by a faulty product, call a Burger Law defective products lawyer in Elk Grove Village, IL immediately at (314) 500-HURT or contact us online for a free case evaluation .

Today, it seems almost everything we touch is a product. From cleaning supplies to vehicles, cosmetics, prescription medication, medical devices, playground equipment and more, there’s so surrounding us that has at one point been thought up, designed, manufactured, distributed and sold. That’s why everyone involved in manufacturing and selling has a duty to make sure you are not placed at risk by a defective product. No one deserves to have our lives upended because of other people’s or corporations’ negligence. When someone else breaks the rules and causes you harm, the Elk Grove Village, IL defective products lawyer at Burger Law will fight to get you get full compensation for your injuries.

At Burger Law, our defective products lawyer team in Elk Grove Village, IL has over 70 years of combined experience and has won 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 worried and infuriated. We hold ourselves to the highest standard of legal representation and do not rest until our clients in Elk Grove Village, IL get 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. Call us now at (314) 500-HURT for heartfelt, tenacious and accomplished legal advocacy.

If you were injured by a defective product in Elk Grove Village, IL, see how much your claim may be worth by using our free personal injury calculator.

The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Elk Grove Village, 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?

Elk Grove Village, IL Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products result in in excess of 29 million injuries and 21,000 fatalities every year.

Based on statistics 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 shows the incredible ruin that can be caused when manufacturers and vendors do not obey the rules.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Elk Grove Village, IL depend on the conception of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that duty, for example if are injured by a fatigued truck driver they might be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage that stems from the reasonable use of a product, whether they were negligent or not. According to Illinois Jury Instructions 400.00, any product sold on the market should be “reasonably suitable for use as such accompanies it into the hands of the ultimate purchaser.” To successfully collect the compensation you deserve, you and your Elk Grove Village, IL defective products lawyer must convince an insurance adjuster or jury that the product was “unreasonably dangerous” — meaning it is unsafe when used as intended — at the moment that it came into your possession.

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

1. Design Defect: A design defect is an innate fault in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
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 only make one product dangerous, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against risks that a reasonable person would anticipate. 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 persuade them to implement comprehensive safety procedures for guaranteeing the safety of their products. Even so, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Elk Grove Village, IL will hold them responsible by conducting a full investigation of your case and demanding nothing but complete compensation.

Foreseeability in Defective Products Claims in Elk Grove Village, IL

Foreseeability is a vital concept in product liability cases, and it is relevant to parties on each side of the lawsuit. The manufacturer must foresee all the ways someone could appropriately use the product, while you would not have a very good case if you used the product in a way they manufacturer could not foresee a reasonable buyer using it. For example, you you would not have a very good case if you were using a power tool recklessly.

How Defective Products Lawyer in Elk Grove Village, IL Can Help

Product liability suits can be tough, 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 often spend large amounts of money on legal defense teams. With Burger Law, you do not have to have a lot of money to hire an veteran 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 treat each client with the same level of resolve, commitment and prowess.

Your Burger Law defective products lawyer in Elk Grove Village, IL get to work on on your case immediately after agreeing to take your case. As your legal representation, we will:

• Investigate every facet of your case, including the history of the product that harmed you and all parties involved in its manufacture and distribution
• Work with with experts in a relevant field to discover the defect that caused your injuries and how it occurred
• Handle all documentation, investigation, negotiation and litigation so you can spend your energy on healing
• Maintain an open channel of communication with you, so you know what’s going on and will be able to do what is best for yourself and your Elk Grove Village, IL 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 70 years of combined trial experience to take the fight in court if that is the only way see you properly reimbursed for your injuries

Every Burger Law defective products lawyer in Elk Grove Village, IL spends a lot of time honing their trial abilities and coming up with new ways to push back against the deceptive ploys insurance adjusters implement to devalue your damages. You only have one chance at receiving the financial recovery you are owed; you need an attorney whose clients matter to them. Call Burger Law now at (314) 500-HURT.

Product liability cases 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 corporation. When you contact a defective products lawyer, you may that there are others who were impacted by the same product. In a recent victory, Burger Law won a $113.7 million verdict in a class-action claim.

Who Is Liable For My Defective Products Injuries in Elk Grove Village, IL?

Generally speaking, anyone in the chain of distribution may be found to blame. 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. This is in place so that parties who cannot reasonably be expected to be aware of possible defect are not held responsible for something that occurred before the product ever reached their hands. However, your defective products lawyer can file a motion to include the distributor 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 defect; or
• The distributor created the defect

Under 735 ILCS 5/2-1117, Illinois is a joint and several liability state. This means that every defendant is both liable for themselves and the damage that other defendants are responsible for. So, if for some reason one defendant cannot reimburse you for their percentage of fault, there will be other parties who are required to pick up the rest of the tab. A seasoned and knowledgeable Elk Grove Village, IL defective products lawyer like those at Burger Law will fight hard so that you get every bit of compensation you deserve and that no one to blame for your injuries avoids taking responsibility.

What Do I Have to Prove in a Defective Products Claim in Elk Grove Village, IL?

You and your Elk Grove Village, 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 your care has faulty brakes, you must show they caused an accident that gave you injuries. You cannot make a claim if you were never in an accident.
2. You and your defective products lawyer must prove that the company or corporation you are making a claim against did not create a safe product or did not sufficiently warn of known or foreseeable risks.
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 a motor vehicle accident, you would only have a product liability case if the malfunctioning breaks contributed to the accident. If the cause of the wreck was a distracted driver who ran a red light, you would only have a claim against the other driver.
4. Finally, you and your defective products lawyer must show that you were using the product as intended. If you followed the directions of applying a beauty product and still sustained 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 Elk Grove Village, IL has experience handling all three categories of product liability claims, proving the above four aspects and getting great compensation for their clients.

Common Defective Products in Elk Grove Village, IL

There are so many different kinds of industries in the world, and almost any one of them could hypothetically cause someone harm because of a misstep anywhere in the distribution channel. Three of the most common and deadly claims we see are:

Defective Vehicle Parts Lawyer in Elk Grove Village, IL

Our defective products lawyer team sees in Elk Grove Village, IL sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and fail to protect occupants from harm as intended. Common defective car parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Wheels
• Door latches
• Headlights and taillights

Offroad vehicles like ATVs can also cause harm, for instance many of them are prone to rolling over.

Defective Medical Devices Lawyer in Elk Grove Village, 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 even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Elk Grove Village, IL has seen be defective are:

• Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or recurring dislocations
• Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, 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 pierce organs, result in pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Elk Grove Village, IL defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained 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 the complaint we filed for our first client by clicking the link below:

Defective Drug Lawyer in Elk Grove Village, IL

The Federal Drug Administration has firm procedures 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 market. That means that many prescriptions 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 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 Elk Grove Village, IL to stand up to these bullying corporations and make them realize that their conduct is intolerable.

Hundreds of thousands of medications 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 a family member sustained injuries because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we file suit for in Elk Grove Village, 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 Elk Grove Village, IL Help Me Recover?

In personal injury claims, you have a legal right to economic damages, noneconomic damages and, in some rare cases, punitive damages. The amount of financial recovery you receive is based on the extent of your damages, the economic, mental and physical impact they have had for you and the determination of your defective products lawyer in Elk Grove Village, 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 Elk Grove Village, IL defective products lawyer will help you receive are:

• Lost wages
• Lost or Reduced earning capacity if your injuries resulted in permanent disability
• Medical costs, such as:
  • Emergency room visits
  • Operations
  • Doctors appointments
  • Physical therapy
  • Prescriptions
  • In-home care
  • Assistive devices such as crutches or vehicle modifications
• Transportation expenses

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 your injuries cause. According to 735 ILCS 5/ §2-1115.2, the state of Illinois stipulates that noneconomic damages are, without limitation:

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

Punitive Damages

Punitive damages seek to punish the at-fault company for gross misconduct and to deter future misconduct. In defective products 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 show 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

Elk Grove Village, IL Defective Products Lawyer | Burger Law

We know the prospect of going toe-to-toe a large corporation can be daunting. They have the money and power to manipulate the world in ways most of us do not entirely understand. 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 delivering justice to the vulnerable in Elk Grove Village, 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 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 Elk Grove Village, IL immediately at (314) 500-HURT or fill out our online form.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

View More Reviews on Google Maps and Yelp