Galesburg, IL

Product liability law firm in Galesburg, IL. If your life was changed because of a dangerous product, reach out to the Galesburg, IL product liability firm of Burger Law at (779) 800-HURT or complete our online form for a free case review.

Product Liability Statistics

In 2021, 11,738,091 people went to the emergency room because of injuries related to consumer goods. While that number alone seems staggering, pre-pandemic levels were much, much higher. According to data gathered by the Consumer Products Safety Commission, defective products cost the U.S. over $1 trillion each year, and defective products result in almost 30 million injuries and over 20 thousand deaths each year.

According to research from the Insurance Information Institute, product liability cases lead to the highest amounts of compensation in jury verdicts. The median jury award in 2020 was $7,058,106, while the mean average was $3,908,111. For lawsuits that were settled before trial, the middle 50 percent of all awards was between $20,000 and $505,000. The numbers speak to how devastating the consequences of an unsafe product can be.

Product Liability Claims in Galesburg, IL

In Illinois, you can bring a product liability claim based on one of three legal theories:

Negligence

The vast majority of personal injury claims come down to proving negligence on the part of the defendant. If you are making your claim under the legal theory of negligence, you must prove the following five things:

• Duty of Care — That the liable party owed you a duty of care, or had a duty to value your safety
• Breach of Duty — That they failed in that duty
• Cause in Fact — That your injuries were sustained during the incident you are describing
• Proximate Cause —That the defective product caused the incident
• Damages — That the injuries led to some sort of loss, which could be financial or in the form of an injury

Examples of negligence in Galesburg, IL product liability claims may be that a manufacturer did not run enough tests before allowing the product to hit the shelves, or that they allowed the product to stay on the market once becoming aware the product was defective.

Strict Liability

In Illinois, the principle of strict product liability stipulates that anybody involved in the chain of distribution can be held liable for your injuries regardless of their intent or whether or not they were negligent. Someone can be strictly liable if they are a:

• Manufacturers
• Suppliers
• Distributors
• Wholesalers
• Retailers
• Commercial lessors

In order to make a strict liability claim against someone in the chain of distribution, you must demonstrate that your injuries were caused by a defect, that the defect was an unreasonably dangerous one and that the defect existed at the time the product it left the manufacturing facility. The duty of care is assumed because they created a product of public use.

Breach of Warranty

You may have a breach of warranty case simply if the product does not work as intended. There are two types of warranties:

1. Express warranty — This is a direct and unambiguous guarantee, generally in the contract, terms of agreement or packaging. It states how long the product should last and the level to which it should perform. When those guarantees are not reached, the manufacturer is responsible for repairing or replacing the the part of the product that does not meet expectation for free. An example of an express warranty could be a light bulb thats packaging states will work for 10,000 hours.
2. Implied warranty — U.S. Code §2-314 stipulates the minimum requirements for any product. Any good must dependably do what it was meant to do. If it does not, a manufacturer may be held responsible for any resulting injuries. In Illinois, marketing something with “sold as is” or similar terminology releases someone from a liability of implied warranty.

How Do I Know if I Have a Product Liability Case in Galesburg, IL?

While you do not necessarily have to demonstrate that someone in the chain of distribution was negligent, simply sustaining an injury may not be enough for a successful claim. Illinois laws that apply to defective product claims are laid out in 735 ILCS 5/2-621 and 735 ILCS 5/13-213. To make a product liability claim in Galesburg, IL, you must ask yourself the following questions:

• Did the product cause bodily harm and/or financial loss? Most product liability lawsuits are filed because of an injury and subsequent consequences, such as hospital bills, lost wages and pain and suffering. In the most tragic cases, you can make a claim for the wrongful death of someone you love. In some cases the losses may be largely financial, such as property damage or the product now having a lower resale value.
• Was the product defective or marketing inadequate? We know that some products are naturally dangerous to use. Others are safe as long as they are being used in a reasonable manner. You and your Galesburg, IL product liability attorneys must show that there was an error somewhere in the chain of distribution.
• Can you show that you were injured while using the product? There needs to be a correlation between the hazard and your injuries. If you show up to court with a broken arm, but have no eyewitness testimony, proof of purchase or other proof, the defense may be able to poke holes in your claim.
• Was I using the product as intended or in a reasonably foreseeable manner? Those in the chain of distribution are not responsible for you injuries if you were using the product in a reckless manner. It is reasonable to assume someone may use an electric shaver in the bathroom, near water. If the shaver is prone to shocking someone if introduced to water, there was no electrocution warning and you sustained burn injuries as a result, you probably have a valid product liability claim.
• Had I made any changes to the product? In Galesburg, IL, you only have a valid claim if the product was not “substantially” altered from how it was when you bought it. If you changed the product in any way that affected its safety, the manufacturer may argue that they are not liable for the product being dangerous.

If you think you may have a claim, call the Galesburg, IL product liability law firm of Burger Law as soon as possible at (779) 800-HURT. We use our honed investigation skills to hold negligent manufacturers, distributors and vendors responsible when their products injure innocent people.

What Is the Reasonableness Standard in Galesburg, IL Product Liability Claims?

We have used the term “reasonable” often so far, and it revolves around whether you were reasonable or unreasonable in how you used the product, or whether there was an inherent hazard in the product that was unreasonable. The term “reasonable” is an important aspect of most tort claims. Individuals and organizations need to act as an ordinary, responsible person would when trying to avoid harming others. If a dog owner knows their dog is vicious, but walks them without a leash, they are not being reasonable.

In a product liability case in Galesburg, IL, the “fact-finder”, will determine if you acted reasonably. If you were if you were following a chainsaw’s directions, but the chain slipped and injured you, a jury would likely find that you had acted reasonably. If you were riding on top of a car and were thrown off when the brakes stopped working, you likely would not have a successful claim as that was not reasonably foreseeable use.

Those in the chain of distribution are also held to the same reasonableness standard. Some productsare always a little bit dangerous to use because of their nature. For others, we can expect to use in a reasonable manner and not sustain an injury. A car that’s brakes go out while the driver is following the rules of the road is an example of a product that is unreasonably dangerous. There are three things that can make consumer goods unreasonable dangerous:

1. Design Defect — An error was made all the way back when the product was initially conceptualized, which in turn affects all models produced using that design. A common example could be a a car that leaks too much break fluid.
2. Manufacturing Defect — An error occurs in the manufacturing process, for example using incorrect bolts or fasteners.
3. Inadequate Labeling — Failing to include potential safety hazards in the warnings, instructions or labeling. For example, not conveying the seriousness of the side effects of certain medications. A manufacturer is not liable for a marketing defect if:
   • The labeling provided adequate notice for all reasonably predictable uses
   • The instructions were in accordance with with the generally accepted standards of the industry
   • The hazard would have been obvious to a reasonable person
   • When the product went from the manufacturer to the distributor, the the risks were not understood or reasonably available given the knowledge at the time

Product liability defense attorneys often try and say that you were unreasonable. The Galesburg, IL products liability law firm of Burger Law has been fighting back against these companies for over three decades, and will will hold them responsible for the harm they caused.

Products are all around us. When we use products, we do so under the assumption that have been adequately tested and we can use them as intended without worrying about whether or not they are dangerous. But too often, that is not the case. A defective car part can cause auto accident injuries, a a medical device may fail early and some products like weed killer can even cause cancer. Every injury attorney at Burger Law’s product liability law firm in Galesburg, IL demands nothing but full compensation for their clients’ injuries.

If a products exist, there were numerous people and entities involved in getting it from conception to the shelf. While you would like to think those people would take responsibility when their product injures you, the truth is they will often do everything they can to avoid doing the right thing. If they admit your injuries are their fault, their insurance premiums will rise and it opens them to a class action lawsuit. But consumers have rights when products are unsafe, and with the aggressive Galesburg, IL lawyers of Burger Law fighting on your behalf, you can secure the complete financial recovery you are owed.

Take a look at our complimentary personal injury calculator to see how much compensation you are owed in Galesburg, IL.

What Should I Do if I Have Been Injured by a Dangerous Product in Galesburg, IL?

Following any injury, your first priority is to make sure everyone around you is safe, and promptly seek medical attention. If you do not believe your injuries are so severe that you need an emergency room visit, it is still a good idea to make an appointment with your primary care physician to get checked out. Next, if you have been injured by a dangerous product, you should start taking important steps to preserve evidence and get the best results in your claim:

• File a report — If you were in an auto accident caused by faulty car components, Illinois law requires you to report it to the police if it resulted in injury. In any type of product liability claim, you should make a report with the manufacturer or store you bought it from.
• Make sure to preserve as much information as possible — This can include a receipt, the box or instructions the product came with the product, all of your medical bills and medical records and the serial number of the product that injured you. Also, preserve the product in question.
• Call Burger Law’s Galesburg, IL product liability law firm as soon as possible — Under 735 ILCS 5/12-812, you have two years from the date of your injury to file a claim. While that may seem like a long time, product liability cases require a lot of investigation and preparation, especially as the company we are suing will likely spend hundreds of thousands of dollars in their defense. We get to work from the moment you hire us, and know how to defeat corporate defense strategies and secure a great recovery for our clients.

How Much Compensation Can I Receive in My Galesburg, IL Product Liabiltiy Claim?

Your financial recovery is meant to compensate you for all of the negative consequences your injuries have had; no more, no less. While wealthy defense attorneys will use numerous tricks and tactics to minimize your injuries, with the devoted and knowledgeable Galesburg, IL product liability law firm of Burger Law, you can receive compensation for:

• The financial harm you have sustained, including all of your medical expenses, lost wages and other accrued expenses such as a help with household chores
• Your pain and suffering, or how you have been affected physically as a result of your injuries
• How you have been affected emotionally, including Post-Traumatic Stress Disorder, loss of consortium and not being able to to enjoy certain activities as you used to

Certain factors, such as if your injuries result in lifelong consequences or whether you might be eligible to recover punitive damages, can greatly increase your compensation.

When it comes to getting you damages in your case, we are never satisfied with 50 percent, 75 percent or even 95 percent. We do not back down until you get the financial recovery that encompasses all of your damages.

The Galesburg, IL Product Liability Law Firm of Burger Law

Our Galesburg, IL product liability law firm has over three decades of fighting for our clients in defective product claims. We are used to companies hiring a horde of trial defense attorneys to try to have the case thrown out, blame the injured for the harm their products caused or try to convince a jury that the company does not need to pay anything. Through our experience, dedication and hard work, we have learned how to fight back against ridiculous defense strategies, hold those in the chain of distribution accountable and deliver justice.

If a dangerous product injured you, there is a good chance someone else has been affected as well. At present, Burger Law is litigating two class action claims aimed at securing a financial recovery for people in Galesburg, IL and in other parts of the country who were affected by a dangerous product.

Exactech Hip, Knee, and Ankle Replacement Lawsuit

Exactech is a company that designs and manufactures orthopeadic implants. Our Exactech recall lawsuit is centered on the damage done by three different implants:

• Exactech Knee Replacements
• Exactech Ankle Replacements
• Exactech Hip Replacements

When the inserts were shipped, they did not contain a crucial second barrier layer of Ethylene Vinyl Alcohol, which was intended in the design and would have protected the joint replacements from being exposed to too much oxygen. Too much oxygen leads to oxidation, which can cause the joint replacements to fail before they were supposed to. For some patients, the joint replacements caused:

• Corrective surgery
• Bone loss
• Soft tissue damage
• Debilitating pain
• Decreased mobility
• Inability to bear weight

While Exactech has issued refunds for their product, Burger Law’s Galesburg, IL product liability law firm is determined to hold them accountable for physical and emotional harm they have caused as well.

View Complaint

Ferrari Brake Recall Lawsuit

Ferrari recently recalled over 23,000 vehicles sold across the nation between 2005 and 2022. In our Ferrari brake recall lawsuit, we lay out how Ferrari and manufacturer Robert Bosch installed defective brake fluid reservoir caps, may have known about the defect since as early as 2015 and should have caught the defect through testing.

The National Highway Traffic Safety Administration issued two separate recalls for different Ferrari models in Oct. 2021 and Jul. 2022. While a manufacturer must fix any motor vehicle component recall for free, that does not account for other damages people sustained. Burger Law will a secure a financial recovery for Ferrari owners for:

• Repair, replacement, or refund of money paid to own or lease a recalled model
• Damages from the car losing value
• Treble damages, which amounts to three times the value of their actual damages
• Punitive damages, as Ferrari and Bosch knew about the defective caps far before the NHTSA forced them to act
• Fees associated with filing the lawsuit
• If someone was injured because of the defective brakes, then any damages commonly awarded in auto accident claims, such as medical bills, lost wages or lost earning capacity and pain and suffering

Discover more about the Ferrari brake recall lawsuit here, or by checking out the links below:

• Oct 29 2021 NHTSA Recall
• Jul 26, 2022 NHTSA Recall
• View Complaint

If you are an Exactech joint insert recipient or Ferrari owner in Galesburg, IL who sustained losses because of the manufacturer’s defective products, do not wait to reach out to Burger Law at (779) 800-HURT or fill out our online form.

What Makes Burger Law Galesburg’s Best Products Liability Law Firm?

Burger Law’s Galesburg, IL product liability law firm has the experience, talent and devotion to see your case through to the end. While we always seek to reach a fair settlement, we feel right at home in court. We are experienced in advanced trial law and consistently look for new legal avenues to get the injured and vulnerable throughout Galesburg, IL the financial recovery they deserve. Among the great recoveries we have secured includes a $113 million trial verdict in a class action case that even reached the Missouri Supreme Court.

Once you have retained our services, we do not wait to get to work on your case. Throughout your claim, whether we get a quick settlement or go all the way to a lengthy jury trial, we will be by your side. we pride ourselves on our client communication and are always willing to answer any legal questions you may have.

As product liability claims often involve numerous plaintiffs and defendants who may be in different jurisdictions, they are often tried in federal courts. In addition to Illinois and Missouri, Burger Law has experience handling cases in various federal courts.

Other cases we handle in Galesburg, IL include:

• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois
• Car Accident Attorney in Illinois

Call Burger Law Today

Galesburg, IL Product Liability Law Firm | Burger Law

Burger Law has seen first hand the ruinous consequences being injured from a dangerous product can have on your life. We have seen Galesburg, IL clients in the hospital and stood by families as they recounted the painful story of their loved one’s passing. The average person going against large manufacturers does not have the best odds; that is why we have committed our careers to using everything we have to balance the scales of justice. If you or someone you know has been hurt by a defective product, call the Galesburg, IL product liability law firm of Burger Law now at (779) 800-HURT or contact us online.

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!

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