Illinois Lawyer Referrals and Legal Guidance
Illinois Product Liability Lawyers
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Product liability cases can arise from just about any situation involving the products people use everyday, from automobiles to a daily cup of coffee. From the Ford Pinto actions of the 1970’s to the infamous "Hot Coffee" case against McDonald’s in the 1990’s, product liability actions are often big news and give rise to strong feelings from consumer and manufacturer groups alike. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable
Product liability lawsuits are often quite complex, and require the assistance and testimony of experts. Large manufacturers often defend vigorous against product liability actions, further increasing the length and cost of proceedings. Thus, most product liability claims do not go forward unless a plaintiff can claim a substantial amount of damages. In other words, if you are in a car accident and the airbag fails to go off, but you mostly sustain bumps and bruises, it’s probably not worth bringing a lawsuit. On the other hand, if your airbags fail to deploy and you suffer a brain injury, then it would be worth investigating a lawsuit. The key thing to remember is that these lawsuits aren’t about what could have happened, but instead are about what did happen.
If the damages do justify the cost of a product liability action, there are several theories under which a plaintiff might bring a claim (strict liability, negligence, and warranty theory). Regardless of the theory of recovery, Plaintiffs in all product liability cases must prove that the product that caused injury was defective and that the defect made the product unreasonably dangerous.
Thus, the initial question in any product liability case is whether the product was sold in a defective condition. There are three types of defects that may leave a manufacturer or supplier liable for injuries caused by their product: 1) design defects (an inherently dangerous design before the product is manufactured, 2) manufacturing defects (although properly designed, some problem during manufacturing process leaves product defective, and 3) marketing defects (inadequate warning or instruction as to how to use product safely).
Having established a defect in the product, a plaintiff must show that defect made the product unreasonably dangerous. In general, a product is unreasonably dangerous if it fails to perform its intended function in line with a user’s expectations. If however, a plaintiff misuses the product in a way the manufacturer could not predict, the manufacturer may avoid liability.
If you’ve been injured in a situation involving a product and wish to explore the possibility of a product liability action, you should look for an attorney with a track record of success in these complicated cases. All of the attorneys that we know and recommend fit this criteria and work on a contingency basis. That means that there is no fee to talk to them and they are only paid if they are successful recovering money for you.
If you would like our help in finding a product liability attorney in Illinois, please fill out our contact form or call us at (800) 517-1614. We would be glad to help in any way we can.
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