EXPERIENCED PERSONAL INJURY ATTORNEYS
Products Liability Lawyers in Illinois
Personal Injury Attorneys for Defective Products in DuPage County and Kane County
Understanding Product Liability
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries caused by defective or dangerous products. When you purchase a product, you have the right to expect that it will be safe and function as intended. However, when a product fails and causes harm, the law provides a path for victims to seek compensation for their injuries. In Illinois, product liability laws are designed to protect consumers and hold manufacturers and sellers of hazardous products accountable.
At John J. Malm & Associates, we are committed to advocating for those injured by defective products, ensuring they receive the compensation they deserve while holding negligent companies responsible. We handle a wide range of product liability cases, including defective design, manufacturing defects, failure to warn, and dangerous consumer products across industries such as automotive, household goods, medical devices, and industrial equipment.
Types of Product Defects
Design Defects: These occur when a product is inherently dangerous due to its design. Even if manufactured correctly, a design defect makes the product unsafe for use. An example could be a car model prone to rolling over during normal turns.
Manufacturing Defects: These defects occur during the production process. A product may be designed safely, but an error in manufacturing makes it dangerous. For instance, a batch of medication contaminated with harmful substances.
Marketing Defects: Also known as “failure to warn,” these defects involve inadequate instructions or warnings about the proper use of the product. For example, a power tool sold without warnings about its potential hazards.
Examples of Dangerous Products
- Automotive Defects: Faulty airbags, brake failures, and defective tires.
- Automobile Accessories: Tires, seat belts, airbags, and child car seats.
- Medical Devices: Defective implants, surgical tools, and other medical equipment.
- Pharmaceuticals: Dangerous side effects or contamination of drugs.
- Consumer Goods: Faulty electronics, appliances, such as pressure cookers, and children’s toys.
- Industrial Equipment: Unsafe machinery and tools.
- Glass products: Glass vases or nail polish bottles that suddenly fail.
- Food: Food that results in food poisoning.
- Toxic Chemicals and Substances.
- Firearms.
Damages in Product Liability Personal Injury Cases
In product liability cases, damages are awarded to compensate the injured party for the harm suffered due to a defective or unsafe product. These damages can be categorized into economic and non-economic damages.
- Economic damages cover tangible losses such as medical expenses, rehabilitation costs, lost wages, and loss of earning capacity.
- Non-economic damages address the intangible impacts of the injury caused by the defective or unsafe product, including pain and suffering, emotional distress, and loss of enjoyment of life.
- In some cases, punitive damages may also be awarded to punish particularly egregious conduct by the manufacturer or seller and to deter similar future behavior. The goal of punitive damages is to restore the injured party to the position they would have been in had the injury not occurred, providing financial relief and a sense of justice.
Legal Theories in Product Liability
In Illinois, there are several legal theories under which you can file a product liability claim:
Strict Liability: The manufacturer or seller is liable for defective products regardless of negligence or intent. If the product is found defective and causes injury, the responsible party is liable.
- One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if,
- the seller is engaged in the business of selling such a product, and
- it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
- The rule stated in Subsection (1) applies although
- the seller has exercised all possible care in the preparation and sale of his product, and
- the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Negligence: The plaintiff must prove that the manufacturer or seller failed to exercise reasonable care in the design, production, or warning about the product’s dangers.
Breach of Warranty: This involves a violation of an express or implied warranty about the product’s safety or usability.
Do I need an attorney for an Illinois products liability claim?
It is important to consult with an attorney who is experienced in handling product liability claims. There is a burden on the plaintiff to prove, through the testimony of consulting engineers and other technical experts, that the product was unsafe when placed into the stream of commerce, that it was used as intended, and that the injuries caused were reasonably foreseeable to the manufacturer. An experienced attorney will locate and hire quality experts to examine the product and opine on whether the product is defective.
An attorney can also be very helpful in preserving the evidence in a products liability claim. Because the product is an important piece of evidence in a products liability claim, it is important to hire an attorney early to help preserve this evidence.
What must be proven in a product liability claim?
In a products liability action, a plaintiff must prove that he or she suffered an injury caused by a product sold or manufactured by the defendant, that the product was unreasonably dangerous, and that the condition existed at the time it left the defendant’s control.
Whether a product is defective is generally a question of fact for a jury to decide. Plaintiff may prove the product contained a manufacturing defect, i.e., the product is dangerous due to a defect or imperfection that resulted during the manufacturing process. Second, a Plaintiff may offer evidence that the product was negligently designed. The Illinois Supreme Court’s decision in Jablonski et al. v. Ford Motor Co., 2011 IL110096 (Ill. 2011) requires that, in product liability cases, courts consider the consumer expectation test as part of an overall risk-utility test, rather than relying solely on the risk-utility test. Finally, the product may contain inadequate warnings. Typically, the warnings will either be missing or will not adequately convey how to safely use the product.
A negligence case may also be pursued against the manufacturer or seller. While many elements of a negligence claim are now similar to certain product liability claims, an attorney can investigate whether there have been prior occurrences of the same product also failing and injuring others. This evidence can be used to pursue a negligence claim against the manufacturer/seller that it had knowledge its product was injuring people but continued to sell it without changing its design or including adequate warnings.
How We Can Help
At John J. Malm & Associates, our experienced product liability attorneys are dedicated to helping victims of defective products. We understand the complexities of Illinois product liability laws and have a proven track record of successfully representing clients in these cases. Our services include:
Comprehensive Case Evaluation: We thoroughly investigate the details of your case to identify the liable parties and the type of defect involved.
Expert Consultation: We collaborate with industry experts to substantiate your claims and demonstrate how the product defect caused your injuries.
Aggressive Representation: We are committed to fighting for your rights and securing the maximum compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.
Our Firm’s Recent Product Liability Case Settlements
Our firm has successfully resolved numerous product liability cases, securing confidential settlements on behalf of injured clients. Below are examples of recent cases where we achieved favorable outcomes:
- Confidential wrongful death settlement, defective automobile design: A wrongful death case was settled confidentially against an automobile manufacturer. The lawsuit claimed that the vehicle’s door design prevented occupants from escaping after a crash and that the vehicle lacked a stability control system, omitted from certain U.S. models, which could have aided in vehicle handling.
- Confidential wrongful death settlement, manufacturing defect: A confidential settlement was reached in a case involving a tire manufacturer. The lawsuit alleged that a defect in a tire manufactured for a utility truck increased the likelihood of a blowout, resulting in a fatal single-vehicle accident.
- Confidential personal injury settlement, defective product design: A manufacturer of a glue product reached a confidential settlement after the glue failed to perform as marketed. This failure caused the separation of bonded pieces on a coffee mug, resulting in third-degree burns to the plaintiff.
- Confidential personal injury settlement, defective product design: A cosmetics manufacturer reached a confidential settlement after a glass container suddenly fractured, causing a severe hand laceration that required multiple surgeries.
- Confidential personal injury settlement, defective product design and manufacturing defect: A glass vase manufacturer reached a confidential settlement after the vase suddenly shattered, causing severe hand lacerations. The lawsuit alleged that the glass used in manufacturing was too thin to support the vase’s weight during normal use.
- Confidential personal injury settlement, defective product design: A bicycle manufacturer settled confidentially after a lawsuit claimed that the metal tubing used in the bike’s frame was insufficiently welded, leading to sudden failure and injury to the rider.
- Confidential personal injury settlement, partial amputation: A confidential settlement was reached in a case involving a machine press that allegedly lacked proper safety features, resulting in a partial finger amputation when the plaintiff’s hand was punctured during operation.
- Confidential personal injury settlement, multiple finger amputations: A table saw that lacked a safety guard caused the amputation of three fingers during normal use. Settlement was reached with the homeowner who furnished the defective equipment and directed a worker in the use of the saw.
- Confidential product liability settlement: A television manufacturer reached a confidential settlement after a defect in one of its products allegedly caused a house fire.
- Confidential product liability settlement: A wheelchair lift manufacturer settled confidentially after the lift failed, causing a wheelchair-bound plaintiff to fall and suffer a fractured femur.
- Confidential product liability settlement, defective automobile design: A vehicle manufacturer reached a confidential settlement in a personal injury case. The lawsuit alleged that the vehicle was unsafe due to a defect that made it prone to sudden rollovers.
- Confidential product liability settlement, defective design: A pressure cooker manufacturer settled confidentially after the cooker suddenly failed, resulting in burns to the user.
- Confidential product liability settlement, defective design: A settlement was reached with the manufacturer of a knee scooter after the device suddenly came apart, causing injury to the plaintiff who was recovering from surgery.
- Confidential product liability settlement, defective design: A shower chair manufacturer settled confidentially after the chair allegedly failed suddenly, causing the user to fall and suffer injuries.
- Confidential product liability settlement, defective design: A confidential settlement was reached against a glass vase manufacturer after the vase’s sudden failure caused laceration injuries.
Why Choose John J. Malm & Associates?
Experienced in Illinois Product Liability Law: Our deep understanding of the specific laws surrounding product liability claims ensures that your case is handled with the utmost proficiency.
Personalized Attention: We treat every client with respect and prioritize your unique needs and concerns.
Proven Results: Our firm has a history of achieving successful outcomes in complex product liability cases.
Contact the Illinois Product Liability Attorneys at John J. Malm & Associates
If you or a loved one has been injured by a defective product, contact John J. Malm & Associates for help. Our compassionate and skilled attorneys are here to provide the support and legal representation you need. Schedule a free consultation today to discuss your case and explore your legal options.