Defective Product Injuries in Illinois
by Michael Helfand
(Illinois)
If you have been injured by a product, you may have what’s called a products liability claim. In other words, you may be able to sue the manufacturer, supplier or retailer for your injury.
You’ve probably heard of some famous products liability cases in the news – maybe the case where the customer sued McDonald’s over hot coffee. Other high-profile cases include lawsuits against car manufacturers for defective airbags, and claims against crib companies when an infant is injured.
In order to win a products liability case you must prove that the product was defective. There are a few different types of defects. A design defect is a problem with the way the product was planned.
In other words, it had a defect from the beginning, even before it was manufactured. Another type of defect is a manufacturing defect. This is when a defect occurs when the product is made. There are also marketing defects, such as insufficient warning labels.
Even if the product was designed and manufactured without a defect, if incomplete information causes a consumer to get hurt, it may be considered a defective product.
After establishing the defect, you have to prove that the defect made the product unreasonably dangerous. In other words, not all defects make the manufacturer or retailer liable.
Keep in mind that if you were not using the product in the way it was meant to be used when you were injured, you may not have a good case.
There are Illinois attorneys who have a lot of experience in this type of case.
If you have been injured by a product, consider talking to one of them. Companies work hard to defend against product liability lawsuits, so you need to find out if your case is worth pursuing.
As a practical matter, a “good” case is one with a significant or permanent injury. It’s expensive to pursue a products liability case, so the value of the case needs to outweigh the costs.
Most Illinois personal injury attorneys – including those who focus on product liability cases – charge on a contingency fee basis, meaning that you only pay attorneys fees if you win your case.
To get started, find an experienced attorney with a track record of success, and ask for an initial consultation.
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com, the leading resource for Illinois lawyer referrals and legal guidance.
