Hooppole, IL

Product liability law firm in Hooppole, IL. If you were injured because of a defective product, call the Hooppole, IL product liability firm of Burger Law at (779) 800-HURT or complete our online form to discuss your case for free.

Products are all around us. When we use products, we not only assume they are effective at their stated purpose, but that they have been adequately tested and are safe for us to use. But too often, there is a defect in the design, manufacturing or labeling of a product ends up injuring people. A faulty automobile part can lead to auto accident injuries, a a medical device may fail early and some products can even cause cancer. Every lawyer at Burger Law’s product liability law firm in Hooppole, IL has pledged their life to helping the injured receive the maximum financial recovery for their injuries.

If you buy a product, 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 it comes to defective products, and with the knowledgeable Hooppole, IL lawyers of Burger Law by your side, you can receive the complete compensation you need to truly heal.

Use our free personal injury calculator to see how much your product liability claim may be worth in Hooppole, IL.

Product Liability Statistics

In 2021, Almost 12 million people went to the emergency room because of injuries related to consumer goods. Pre-pandemic emergency room visits due to defective products were just below 15 million. According to data gathered by the Consumer Products Safety Commission, deaths, injuries and other damage from consumer product-related incidents cost the nation over $1 trillion each year, and consumer goods cause over 29.4 million injuries and over 20 thousand deaths each year.

According to the Insurance Information Institute, product liability claims lead to the highest amounts of compensation in jury verdicts. The median verdict in 2020 was $7,058,106, while the mean average was just under $4 million. For lawsuits that did not go to trial, the middle 50 percent of all awards was between $20,000 and just over half a million dollars. As those totals are far beyond typical car accident or slip and fall claims, they speak to the amount of damage manufacturers, distributors and vendors can cause when they allow an unsafe product to reach the market.

Product Liability Claims in Hooppole, IL

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

Negligence

Most personal injury claims are based on the doctrine of negligence. There are five elements to a negligence claim:

• 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 the incident in question caused your injuries
• Proximate Cause —That the defective product caused the incident
• Damages — That you sustained financial loss because of the defective product, such as property damage, medical expenses or lost wages

Examples of negligence in Hooppole, IL product liability claims may be that a manufacturer did not properly check for safety hazards before putting the product on the market, or that they did not issue a recall once becoming aware the product had an inherent hazard.

Strict Liability

In Illinois, the concept of strict product liability stipulates that anybody involved in the chain of distribution can be held liable for your injuries even if they were not negligent. The chain of distribution can include:

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

In order to prove a strict liability claim, you must prove that your injuries were caused by a condition, that the condition was an unreasonably dangerous one and that the condition existed at the time the product it left the manufacturing facility. You do not have to show that the defendant breached a duty of care.

Breach of Warranty

You may have a breach of warranty case simply if the product does not work as intended. Two categories of warranty exist:

1. Express warranty — This is a direct and unambiguous guarantee, usually in the contract, terms of agreement or packaging. It states how long the product should last and the level to which you can expect it to perform. When those promises are not reached, the manufacturer should fix or replace the the part of the product that does not meet expectation for no additional charge. An example of an express warranty could be a watch camera manufacturer promising a camera is waterproof up to 300 feet below water.
2. Implied warranty — All products must meet the threshold of “merchantability” as defined in U.S. Code §2-314. Any good must be able to reliably perform the function intended. If it does not, a manufacturer may be liable for any resulting injuries. In Illinois, something labeled as “sold as is” or similar terminology means that the seller is not liable.

Will My Hooppole, IL Product Liability Claim Be Successful?

While it is not always a requirement to demonstrate that someone in the chain of distribution violated a duty of care, there are other factors to determine whether or not you have a claim. Illinois’ product liability laws are set forth in 735 ILCS 5/2-621 and 735 ILCS 5/13-213. Making a successful product liability claim in Hooppole, IL depends, in part, on how you can answer a few questions:

• Did I sustain bodily harm and/or financial loss? Most defective products claims 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 seek compensation for for the wrongful death of a family member. In other cases the damages may be mostly financial, such as property damage or the devaluation of a vehicle you were hoping to sell at a later date.
• Did the product have an unreasonable hazard or was the labeling insufficient? We know that some products are naturally dangerous when we use them. Others are safe under the assumption that they are being used in a reasonable manner. You and your Hooppole, IL product liability attorneys must prove that there was an error somewhere in the chain of distribution.
• Can you show that you were injured while using the product? You need to show how the product caused your injuries. If you show up to court with a neck brace on, but cannot clearly demonstrate how the product caused your accident and your injuries, the defense may be able to cast doubt on your claim.
• Was I using the product as it was meant to be used or in a reasonably foreseeable manner? Product designers and manufacturers cannot make their product safe for literally any use. The reasonably anticipated use of an electric shaver may be using it in the shower. If the shaver can electrocute someone if exposed to water, there was no electrocution warning and you got shocked as a result, you probably have a valid product liability claim.
• Had I altered the product in any way? In Hooppole, IL, to make a successful product liability claim the product must not have been “substantially” altered from how it was when it hit the shelves. If you made alterations to the product, the manufacturer may argue that they are not liable for the product being dangerous.

If you have any doubts about whether or not you have a claim, call the Hooppole, IL product liability law firm of Burger Law without delay at (779) 800-HURT. We use our honed investigation skills to hold negligent corporations responsible when their products injure innocent people.

What Does Reasonable and Unreasonable Mean in Hooppole, IL Product Liability Claims?

Much of what your product liability claim will come down to is the idea of reasonableness: whether you were reasonable or unreasonable in how you used the product, and whether or not the product presented an unreasonable risk of harm. The idea of a “reasonable person” is key to most injury cases. Individuals and organizations need to act in an appropriate way to try to avoid harming others. If a trucking company forces a driver to driver longer than Federal regulations allow, they are not being reasonable.

In a product liability case in Hooppole, IL, the outcome of the case will partially depend on whether or not you behaved in a reasonable manner. If you were using a cleaning solution as the directions intended, but the chemical still burned 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, your likelihood of receiving compensation would likely be significantly reduced as that was not a reasonable use.

On the other hand, the product needs to be “unreasonably dangerous” to have a successful claim. Some products, such as drain cleaners or chainsaws, carry inherent risk. For others, there is no reason to think we will be harmed when using it as we should. Cancer-causing talcum powders 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 in the design of a product, causing every product with that design to be unreasonably dangerous. A common example could be a a car that leaks too much break fluid.
2. Manufacturing Defect — There is a problem when the product is being produced, for example incorrectly installing wires and circuitry.
3. Marketing Defect — 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 insufficient instructions if:
   • The warnings 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 prudent person
   • When the product went from the manufacturer to the distributor, the knowledge of risks posed by the product were not reasonably obtainable given the existing scientific, technical or medical information

Product liability defense attorneys often try and argue that you did not use the product as intended. The Hooppole, IL products liability law firm of Burger Law knows how to push back against these claims, and will will hold them responsible for the harm they caused.

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

Following any injury, your first priority is to make sure no one is in danger of further harm, and get the medical treatment you need. 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 improve your chances of getting great compensation:

• File a report — If you sustained your defective product injuries in an auto accident, 735 ILCS 5/11-406 mandates that you file an accident report with the police. In a different type of accident, you should make a report with the manufacturer or store you bought it from.
• Keep detailed records — This can include the proof of purchase, the box or instructions the product came with the product, records of your medical expenses and injuries and the serial number of the defective product responsible for your injuries. Also, preserve the product in question.
• Contact Burger Law’s Hooppole, 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 two years from now might seem like far in the future, a lot goes into product liability claims, especially as the company we are suing will likely spend hundreds of thousands of dollars in their defense. Burger Law starts working on your case right away and knows how to stand up to large corporations and secure a great recovery for our clients.

How Much Compensation Am I Eligible for in My Hooppole, 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 insurance companies will try to devalue your claim, with the dedicated and fierce Hooppole, IL product liability law firm of Burger Law, you will make a full financial recovery for:

• The financial damages you have sustained, including emergency visits, any surgeries or hospital stays, assistive devices, and medication, wages lost from time spent off work and out-of-pocket 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
• The emotional harm your injuries caused you, including PTSD, loss of consortium and not being able to to enjoy life

Certain factors, such as if your injuries lead to lifelong consequences or whether you might be eligible to recover punitive damages, will result in much higher financial recoveries.

When it comes to getting you damages in your case, we never expect 50 percent, 75 percent or even 95 percent. We fight until there is nothing left to fight and you receive the settlement or verdict that truly compensates you for your injuries.

The Hooppole, IL Product Liability Law Firm of Burger Law

Our Hooppole, IL product liability law firm has more than seven decades of combined getting great results in defective product claims. We know every trick the defense will use and how to combat it. We use our extensive litigation experience and commitment to doing what is right to fight back against ridiculous defenses, hold negligent manufacturers, distributors and vendors accountable and balance the scaled of justice.

One thing we do when we litigate a product liability claim is try to find out if more units of a product and more people have been affected. At present, Burger Law is part of two class action lawsuits aimed at getting a financial recovery for people in Hooppole, IL and in other parts of the country who have been injured or suffered financial loss because of a defective product.

Exactech Hip, Knee, and Ankle Replacement Lawsuit

Exactech is a company that designs and manufactures orthopeadic implants. Our Exactech recall lawsuit seeks compensation for three different faulty implants:

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

The packaging for the inserts did not include a crucial second barrier layer of Ethylene Vinyl Alcohol, which was intended in the design and would have protected the inserts from being exposed to too much oxygen. Too much oxygen leads to oxidation, which can cause the joint replacements to fail much sooner than expected. For some Exactech insert recipients, the joint replacements caused:

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

While Exactech will replace the inserts for free, Burger Law’s Hooppole, IL product liability law firm is seeking justice for the physical and emotional harm that Exactech caused through their negligence.

View Complaint

Ferrari Brake Recall Lawsuit

Ferrari recently recalled over 23,000 vehicles sold in the U.S. from 2005 and 2022. In our Ferrari brake recall lawsuit, we allege that 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 known about the defect earlier through testing.

The National Highway Traffic Safety Administration issued two separate recalls for different Ferrari models in the fall of 2021 and spring 2022. While they will pay to replace the caps, doing so does not compensate anyone for other damages they sustained. Burger Law is seeking compensation for Ferrari owners for:

• Repair, replacement, or refund of money paid to own or lease a recalled model
• Damages from the diminution of their car’s value
• Treble damages, which amounts to three times the amount of their actual damages
• Punitive damages, as Ferrari and Bosch knew about the defective caps for years 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

Find out more about the Ferrari brake recall lawsuit here, or by checking out the buttons below:

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

If you have been affected by Exactech’s and Ferrari’s defective products in Hooppole, IL, do not hesitate to reach out to Burger Law at (779) 800-HURT or complete online form.

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

Burger Law’s Hooppole, IL product liability law firm has the experience, skill and devotion to aggressively pursue justice in your case. While we always seek to reach a fair settlement, you need an attorney team that is not afraid to go to trial if needed. We know advanced trial law and consistently look for new legal avenues to get our clients throughout Hooppole, IL the financial recovery they are owed. Among the great recoveries we have secured includes a $113 million trial verdict in a class action case that made it all the way up to the Missouri Supreme Court.

When you hire Burger Law, we do not wait to get to work on your case. Throughout your claim, whether that means months or years, you will be able to depend on us. We are in constant communication with you about the status of your claim and are always willing to answer any legal questions that arise.

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

Other cases we handle in Hooppole, 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

Hooppole, IL Product Liability Law Firm | Burger Law

Burger Law knows the horrible injuries defective product can cause. We have visited Hooppole, IL individuals and families in emergency rooms and listened to families as they have recounted the painful story of their loved one’s passing. An injured person having to deal with large manufacturers does not have the best odds; for that reason we have committed our careers to using the full force of our legal experience and knowledge to stand up to rule breakers. If you or someone you know has been hurt by a defective product, call the Hooppole, 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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