Product Liability Law Firm Wheaton, IL

If your life was upended because of a defective product, call the Wheaton, IL product liability firm of Burger Law at (314) 500-HURT or complete our online form for a free case evaluation.

Products are ubiquitous in contemporary society. When we buy them, we do so under the assumption that have been sufficiently tested and will not cause us any harm. But too often, there is an error in the design, production or labeling of a product ends up injuring people. A defective automobile part can lead to an accident, a TV or cabinet may be susceptible to tipping over and hurt a child and some products can even produce cancer. Every lawyer at Burger Law’s product liability law firm in Wheaton, IL has committed their career to helping the injured receive justice for their 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 accept responsibility for your injuries, they not only have to pay you, but they risk the chances of more people seeking compensation in a class action lawsuit once their negligence has been uncovered. But you have rights when they are injured by a defective product, and with the tenacious Wheaton, IL attorneys of Burger Law representing you, you can secure the complete compensation you are owed.

Use our free personal injury calculator to see how much compensation you are owed in Wheaton, IL.

Product Liability Statistics

In 2021, Almost 12 million people went to the emergency room because of injuries sustained when using a product. While that number alone is staggering, pre-pandemic injuries were much, much higher. According to research from the Consumer Products Safety Commission, deaths, injuries and property damage from consumer product-related incidents cost the U.S. over $1 trillion annually, and defective products lead to almost 30 million injuries and over 20 thousand deaths each year.

According to data gathered by the Insurance Information Institute, product liability cases have the highest average jury awards of all injury claims. The median verdict in 2020 was $7,058,106, while the mean average was just under $4 million. For lawsuits that were settled before trial, the reward was typically 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 indicate how devastating the consequences of an unsafe product can be.

Product Liability Claims in Wheaton, IL

In Illinois, product liability lawsuits are filed based on one of three legal doctrines:

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 was supposed to act in a reasonable manner to prevent any injuries
• Breach of Duty — That they neglected their responsibility to prevent any injuries
• Cause in Fact — That the incident in question caused your injuries
• Proximate Cause —That the incident occurred because the product had an unreasonable hazard
• Damages — That you sustained financial loss because of the defective product, such as property damage, medical expenses or lost wages

A manufacturer may be liable for negligence in Wheaton, IL if they did not properly check for safety hazards before putting the product on the market, or that they were aware of a defect but did not issue a recall.

Strict Liability

In Illinois, the doctrine of strict product liability stipulates that anybody involved in the chain of distribution can be found liable for your injuries, regardless of whether they owed you a duty of care and breached it. The chain of distribution can include:

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

In order to make a strict liability claim against someone in the chain of distribution, you must show that your injuries resulted from a defect, that the condition was an unreasonably dangerous one and that the hazard was present at the time the product was manufactured. The duty of care is assumed because they created a product of commercial use.

Breach of Warranty

Most products have a warranty; we expect products to work in the ways they are intended to. When they do not, that constitutes a breach of warranty. There are two types of warranties:

1. Express warranty — This is clearly stated, 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 promises are not reached, the manufacturer should fix or replace the the part of the product that does not meet expectation at no cost to you. An example of an express warranty could be a light bulb thats packaging states will work for 10,000 hours.
2. Implied warranty — This revolves around what is called “merchantability” as defined in U.S. Code §2-314. The product must be able to reliably perform the function intended. If it does not meet that threshold, a manufacturer may be held responsible for the harm it causes. In Illinois, something labeled as “sold as is” or a similar wording releases someone from a liability of implied warranty.

Will My Wheaton, IL Product Liability Claim Be Successful?

While you do not necessarily have to demonstrate that a manufacturer, distributor or vendor disregarded your safety through negligence, simply sustaining an injury may not be enough for a successful claim. Illinois’ product liability laws are set forth in 735 ILCS 5/2-621 and 735 ILCS 5/13-213. In your initial consultation with our Wheaton, IL product liability law firm, we may ask you:

• Did I sustain bodily harm and/or financial loss? Most defective products lawsuits are filed because of an injury and the subsequent economic hardships, such as medical expenses, money lost from time off work recovering and pain and suffering. When the ultimate tragedy strikes, you can seek compensation for for the wrongful death of a loved one. In some 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 marketing insufficient? Some products are accompanied by inherent risks that the consumer knowingly assumes. Others do not pose any risk insofar as they are being used largely as they were intended to be. You and your Wheaton, IL product liability attorneys must show that there was an error somewhere between the product’s design and it hitting the market.
• 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 neck brace on, but have no expert testimony, proof of purchase or other proof, the defense may be able to poke holes in your story.
• Was I using the product as intended or in a reasonably foreseeable manner? Product designers and manufacturers are not responsible for you injuries if you were using the product in a reckless manner. 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 electrocuted as a result, you likely have a product liability claim.
• Had I altered the product in any way? In Wheaton, IL, you only have a valid claim if the product was not “substantially” changed from how it was when it hit the shelves. If you changed the product in any way that affected its safety, the defendant may argue that the hazardous condition was your fault.

If you think you may have a claim, call the Wheaton, IL product liability law firm of Burger Law now at (314) 500-HURT. We use our honed investigation skills to hold negligent corporations accountable when their products injure innocent people.

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

Much of what your product liability claim will come down to is the idea of reasonableness: whether you used the product in a way that was not outrageously reckless, or whether there was an inherent hazard in the product that was unreasonable. The idea of a “reasonable person” is central to most injury lawsuits. 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 Wheaton, IL, the “fact-finder”, will evaluate if you acted reasonably. If you were using a cleaning solution as the directions intended, but the chemical still burned you, the fact-finder would likely find that you had acted reasonably. If you were were driving 120 mph when the brakes stopped working, you likely would not have a successful claim as that was not predictable use.

On the other hand, the product needs to be “unreasonably dangerous” to have a successful claim. Some productsare always a little bit dangerous to use because of their nature. For others, there is no reason to think we will be harmed when using it as we should. An insect poison bottle prone to leaking is an example of a product that is unreasonably dangerous. There are three things that can make consumer goods unreasonable dangerous:

1. Design Defect — A defect was created in the design of a product, 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 — There is a problem when the product is being produced, for example a bug getting caught in a soda can.
3. Marketing Defect — Failing to include potential safety hazards in the warnings, instructions or labeling. For example, labeling a toy safe for infants when in fact it is a choking hazard. A manufacturer is not liable for insufficient instructions if:
   • The instructions gave adequate notice for all reasonably predictable uses
   • The instructions were in conformity with the generally accepted standards of the industry
   • The hazard would have been obvious to a prudent person
   • At the time the product left the control of the manufacturer, the knowledge of risks posed by the product were not reasonably obtainable given the existing scientific, technical or medical information

A common defense in product liability claims is that you did not use the product as intended. The Wheaton, IL products liability law firm of Burger Law has been fighting back against these companies for more than 30 years, and will not let them blame you for their dangerous product.

What Should I Do if I Have Been Injured by a Dangerous Product in Wheaton, 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 severe enough to merit a trip to urgent care, you should still see your general practitioner in the following days to make sure. After getting medical treatment, if you have been injured by a dangerous product, you should start taking important steps to make it more likely that you will have a successful claim:

• File a report — If you sustained your defective product injuries in an auto accident, 735 ILCS 5/11-406 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 vendor.
• Make sure to preserve as much information as possible — This can include the proof of purchase, the box or instructions the product came with the product, all of your medical bills and medical records and the serial number of the defective product responsible for your injuries. It is also important to not discard the product.
• Contact Burger Law’s Wheaton, IL product liability law firm as soon as possible — Under the Illinois Statute of Limitations, you have two years from when you were injured to file a claim. While two years from now might seem like far in the future, a lot goes into product liability lawsuits, especially as corporations hire large and wealthy defense firms. Burger Law starts working on your case right away and knows how to defeat corporate defense strategies and win a great recovery for our clients.

How Much Compensation Can I Receive in My Wheaton, 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 the defendants will use numerous tricks and tactics to minimize your damages, with the devoted and fierce Wheaton, IL product liability law firm of Burger Law, you will make a full financial recovery for:

• The financial losses you have sustained, including all of your medical expenses, wages lost from time recovering and out-of-pocket expenses such as a assistant home care
• Your pain and suffering, or the physical pain and hardship or disfigurement you have experienced as a result of the defective product
• How you have been affected emotionally, including PTSD, loss of consortium and loss ability to enjoy certain activities as you used to

In some cases, such as if your injuries result in lifelong consequences or whether or not we can pursue punitive damages, can greatly increase your compensation.

When we fight for your 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 settlement or verdict that encompasses all of your damages.

The Wheaton, IL Product Liability Law Firm of Burger Law

Our Wheaton, IL product liability law firm has over 30 years of fighting for our clients in defective product claims. We have grown accustomed 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 mislead a jury into thinking that the company does not need to pay anything. Through our experience, dedication and hard work, we have learned how to repel these ridiculous defenses, hold negligent manufacturers, distributors and vendors accountable and deliver justice.

One thing we do when we take on a product liability case is to ascertain if there are others who have also been affected by the defective product. At present, Burger Law is part of two class action lawsuits with the goal of getting a financial recovery for people in Wheaton, IL and in other parts of the country who were affected by a defective product.

Exactech Hip, Knee, and Ankle Replacement Lawsuit

Exactech is a medical device manufacturer that largely produces 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

The packaging for the inserts did not include a vital second barrier layer of Ethylene Vinyl Alcohol, even though it was included in the design and was needed to protect the inserts from exposure to too much oxygen. Too much oxygen leads to oxidation, which can degrade the inserts. For some Exactech insert recipients, the joint replacements caused:

• Corrective surgery
• Bone loss
• Soft tissue damage
• Debilitating pain
• Limited range of motion
• Inability to put weight on the joint

While Exactech will pay for the inserts to be replaced, Burger Law’s Wheaton, IL product liability law firm is seeking justice for the physical and emotional harm that Exactech caused through their negligence.

Ferrari Brake Recall Lawsuit

Ferrari recently recalled almost every Ferrari vehicle sold across the nation between 2005 and 2022. In our Ferrari brake recall lawsuit, we allege that Ferrari and manufacturer Robert Bosch manufactured the cars with 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 they will pay to replace the brake fluid reservoir 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 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 brake failures 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

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

If you have been affected by Exactech’s and Ferrari’s negligence in Wheaton, IL, do not hesitate to reach out to Burger Law at (314) 500-HURT or complete online form.

Why Choose Burger Law

Burger Law’s Wheaton, IL product liability law firm has the experience, skill and dedication to see your case through to the end. While we prefer to reach a fair settlement, you need an attorney team that is willing to go to trial if needed. We know advanced trial law and are constantly honing our skills to get our clients throughout Wheaton, IL the financial recovery they deserve. We have gotten amazing results for our clients, including a $113 million trial verdict in a class action lawsuit that even reached the Missouri Supreme Court.

When you hire us, we do not wait to get to work on your case. Throughout the legal process, whether we get a quick settlement or go all the way to a lengthy jury trial, you will be able to depend on us. We are in constant communication with you about the status of your claim and are always available to answer any legal questions that arise.

Product liability claims often go to federal court, and Burger Law is admitted to practice in various federal courts, and has done so successfully for clients seeking a full financial recovery in product liability claims.

Other cases we handle in Wheaton, 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

Wheaton, IL Product Liability Law Firm | Burger Law

Burger Law knows the horrible injuries defective product can cause. We have seen Wheaton, IL individuals and families in the hospital and listened to families as they have recounted the painful story of their loved one’s passing. The average person having to fight against large manufacturers does not have the best odds; for that reason we have committed our careers to using everything we have to stand up to rule breakers. If you or someone you know has been hurt by a defective product, call the Wheaton, IL product liability law firm of Burger Law now at (314) 500-HURT or contact us online.