Chicago Product Liability Lawyer
When defective products cause serious harm, victims need a dedicated legal team to pursue compensation.
At Mulholland Injury Law, our team of Chicago Product Liability Lawyers specialize in product liability cases, fighting to hold manufacturers, distributors, and retailers accountable for dangerous and defective products. If you’ve suffered from a defective product, you deserve compensation, and we are here to ensure that justice is served.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers to ensure that the products they release to consumers are safe for use.
When a product is defective or unreasonably dangerous, and it causes injury, these parties may be held liable under product liability law. In Chicago and across Illinois, victims have the right to pursue a claim if a product has caused harm due to:
- Design Defects: When a product’s design is inherently unsafe, even if it is manufactured correctly, it can lead to catastrophic injuries.
- Manufacturing Defects: Errors during the production process can introduce flaws that make a product dangerous.
- Failure to Warn: Inadequate warnings or instructions about the product’s risks or how to use it safely can make companies liable for injuries.
Common Types of Product Liability Claims
There are countless types of products that can be defective or dangerous, resulting in a wide range of injuries. Our experienced attorneys handle cases involving:
Defective Automotive Parts
Brake failures, faulty airbags, or malfunctioning seatbelts can cause severe, often fatal, car accidents. When vehicle parts fail to perform as expected, both manufacturers and parts suppliers can be held accountable.
Dangerous Pharmaceutical Drugs
Some drugs and medical devices, even after FDA approval, cause dangerous side effects or fail to warn patients about their risks. Prescription medications, surgical devices, and medical implants can all fall under product liability law when they cause harm.
Defective Consumer Electronics
Exploding batteries, overheating devices, or malfunctioning appliances can result in burns, fires, or other injuries. These defects are often the result of poor manufacturing or a lack of proper safety testing before products hit the market.
Unsafe Children’s Products
Cribs, toys, car seats, and other products designed for children must meet strict safety standards. When they do not, the consequences can be severe, and manufacturers must be held accountable.
How Can a Chicago Product Liability Lawyer Help You?
Navigating a product liability claim can be complex, especially when large corporations are involved. A skilled product liability lawyer in Chicago will:
- Thoroughly Investigate the Defect: Your lawyer will work with industry experts, engineers, and other professionals to determine the cause of the defect and how it contributed to your injury.
- Establish Liability: One of the main challenges in a product liability case is proving that the defect was responsible for your injury. An experienced attorney can gather the necessary evidence to show how the product was defective.
- Negotiate with Manufacturers and Insurers: Corporations often have aggressive legal teams and insurance companies on their side. Your attorney will fight for maximum compensation, whether through negotiation or court proceedings.
Contact Us Today at (312) 386-6706 or Message Us Online to Schedule a Free Consultation
Proving a Product Liability Claim
In Illinois, to succeed in a product liability claim, certain elements must be proven. Our legal team works diligently to establish the following:
- The Product Was Defective: Whether it’s a design, manufacturing, or marketing defect, the product must be shown to have a problem that made it unreasonably dangerous for its intended use.
- You Were Injured: It’s critical to prove that the defect in the product directly caused your injuries.
- You Used the Product as Intended: The court will want to know that you used the product in a reasonable manner, following instructions and guidelines provided by the manufacturer.
- Damages: You must demonstrate that the defective product caused you to suffer physical, emotional, or financial harm.
In Chicago, product liability cases follow strict liability laws, meaning that you do not need to prove that the manufacturer was negligent—only that the product was defective and caused your injury.
Compensation in Product Liability Claims
Victims of defective products may be entitled to various types of compensation, including:
1 Medical Expenses
2 Lost Wages
3 Pain and Suffering
4 Loss of Earning Capacity
5 Punitive Damages
Why Choose Our Chicago Product Liability Lawyers?
Experience with Complex Cases
Proven Track Record
No Fee Unless You Win
Frequently Asked Questions (FAQs)
What is a product liability case?
A product liability case arises when a defective or dangerous product causes injury or harm to a consumer. These cases hold manufacturers, distributors, or sellers accountable for releasing a product that was either defectively designed, poorly manufactured, or lacked proper warnings or instructions. In Chicago, victims can seek compensation for injuries, medical expenses, and other losses associated with the defective product.
What are the different types of product defects?
There are three main types of defects in product liability cases:
- Design Defects: The product is inherently dangerous due to its design.
- Manufacturing Defects: Errors occur during the production process, making the product unsafe.
Marketing Defects: This refers to inadequate warnings or instructions, which fail to inform consumers about the product’s potential dangers.
Who can be held liable in a product liability claim?
Several parties may be held responsible for a defective product, including:
- Manufacturers: The creators of the product.
- Distributors: Those who transport or store the product.
Retailers: The businesses that sell the product to consumers. Each party along the supply chain can be liable if the product was defectively designed, manufactured, or improperly labeled.
Do I have to prove negligence in a product liability case?
In Illinois, product liability claims typically follow the doctrine of strict liability. This means that you don’t need to prove that the manufacturer or seller was negligent, only that the product was defective, it caused your injury, and you were using the product as intended.
What kind of compensation can I receive in a product liability lawsuit?
Victims of defective products can pursue compensation for:
- Medical expenses: Both current and future treatment related to the injury.
- Lost wages: Income lost during recovery.
- Pain and suffering: Emotional and physical distress caused by the injury.
Punitive damages: In cases of extreme recklessness, punitive damages may be awarded to penalize the defendant.
How long do I have to file a product liability claim in Chicago?
In Illinois, the statute of limitations for most product liability claims is two years from the date of the injury. However, certain circumstances may extend or shorten this period, such as discovering the injury later due to the defect. Consulting with a product liability lawyer as soon as possible is critical to ensuring your case is filed within the legal time limits.
What should I do if I’ve been injured by a defective product?
If a defective product injures you:
- Seek medical attention immediately and follow all treatment plans.
- Preserve the product in its condition and do not attempt repairs or modifications.
- Document everything: Take photos of your injuries, the product, and the accident scene, and gather any receipts, warranties, or communication related to the product.
Contact a product liability attorney to assess your claim and help guide you through the legal process.
How much does it cost to hire a Chicago product liability lawyer?
Most product liability lawyers, including our firm, work on a contingency fee basis. This means you pay no legal fees unless we win your case and recover compensation for you. During your free consultation, we will explain all potential costs and fees, so there are no surprises.
Can I file a product liability claim if I wasn’t using the product exactly as intended?
In some cases, yes. Product manufacturers have an obligation to consider foreseeable misuse, meaning they must anticipate how a consumer might reasonably use the product in a way that wasn’t intended but still should have been accounted for. However, this can vary by case, and you should consult a lawyer to determine if your situation qualifies.
What if a product has been recalled—can I still file a claim?
Yes, even if a product has been recalled, you can still file a claim if you were injured by that product. A recall is essentially an acknowledgment by the manufacturer that the product is defective or dangerous, and this could strengthen your case.
Contact Us Today for a Free Consultation
If you or a loved one has been injured by a defective product, time is of the essence. The sooner you contact a lawyer, the better your chances of building a strong case. Our experienced Chicago product liability attorneys are ready to evaluate your case and help you pursue the compensation you deserve. Call us today for a free consultation and take the first step toward justice.
Expert Legal Representation by
Toby P. Mulholland,
Your Trusted Injury Lawyer
Since launching his law practice in 2000, Toby P. Mulholland has been a dedicated advocate for clients suffering serious injuries. He has extensive experience handling a wide range of personal injury cases, including motor vehicle accidents, wrongful death claims, construction accidents, premises liability, dog bite cases, and catastrophic injury litigation.
Toby’s distinguished career is marked by his skill in litigation, participating in numerous trials, mediations, arbitrations, and depositions. His innovative approaches to depositions have consistently resulted in successful outcomes for even the most complex cases. Clients appreciate his ability to navigate high-stakes situations with a creative, results-oriented approach.
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