Filing a Defective Product Lawsuit in Chicago: Know Your Rights
Filing a Defective Product Lawsuit in Chicago: Know Your Rights
Defective products pose significant risks to consumers, often leading to severe injuries, illnesses, or even fatalities. In 2023, emergency departments treated 12.7 million people for injuries related to consumer products, according to the National Safety Council (NSC).
In Chicago, product liability laws enable consumers to hold manufacturers, distributors, and retailers accountable for the harm caused by unsafe products.
This guide will walk you through the process of product liability lawsuits in Chicago, types of product defects, legal theories, factors influencing compensation, and why it’s essential to work with a product liability attorney.
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Understanding Product Defects
Product defects that lead to liability claims generally fall into three main categories: manufacturing defects, design defects, and marketing defects. Each type of defect can have severe consequences for consumers and form the basis of a product liability claim.
According to the U.S. Consumer Product Safety Commission (CPSC), the 3-year moving average from 2018 to 2020 for medically treated injuries related to consumer products was approximately 34.4 million per year, or 10.4 per 100 people.
Manufacturing Defects
Manufacturing defects occur during the production or assembly process, rendering a product unsafe. A manufacturing defect may involve substandard materials, improper assembly, or inadequate quality control measures.
For example, if a batch of cars is produced with faulty airbags that fail to deploy during a collision, this would constitute a manufacturing defect. Such defects may only affect a specific batch of products, but the consequences can be devastating.
Design Defects
A design defect exists in the product’s blueprint, meaning the entire product line is inherently dangerous, regardless of how carefully it is manufactured.
For instance, an SUV designed with a high center of gravity that makes it prone to rolling over during sharp turns is an example of a design defect. Even when used as intended, the inherent design flaw can lead to accidents and injuries, making the manufacturer liable for damages.
Marketing Defects (Failure to Warn)
Marketing defects occur when a product lacks adequate instructions or warnings about its potential risks. Even a well-designed and properly manufactured product can be dangerous if consumers are not informed of the proper way to use it.
An example of a marketing defect is a pharmaceutical company failing to disclose severe side effects of a medication, leading to patients suffering unexpected harm.
Legal Theories in Product Liability Cases
In Chicago, product liability claims typically fall under the legal theories of negligence, strict liability, and breach of warranty. Understanding these theories is crucial for building a strong case.
Negligence
Negligence in product liability occurs when a manufacturer or company fails to use reasonable care in designing, producing, or distributing a product. To prove negligence, the plaintiff must demonstrate that the defendant had a duty to provide a safe product, breached that duty, and caused injury as a result.
Strict Liability
Under strict liability, the emphasis is on the product rather than the manufacturer’s conduct. If a product is found to be defective and causes harm, the manufacturer or seller can be held liable regardless of whether they exercised care during the manufacturing process.
This theory is particularly powerful because it does not require the injured party to prove negligence; they only need to show that the product was defective and that the defect caused their injury.
Breach of Warranty
Warranties are assurances provided by manufacturers and sellers about the quality and safety of their products. In Illinois, there are two types of warranties: express and implied. An express warranty is a specific guarantee about a product, such as a statement that a car’s airbags will deploy in a crash.
An implied warranty is an unwritten promise that a product will function as expected. If a product does not fulfill these promises and results in physical harm, the injured party may be entitled to file a breach of warranty claim.
Consumer Protection Laws
Many states have introduced consumer protection laws that offer specific solutions for particular types of product defects. These laws were partly introduced because the “economic loss rule” restricts the use of strict liability in cases where a product only damages itself.
This means that strict liability does not apply to defects that result in the product being unusable or less effective, causing only economic harm without any personal injury or damage to other property. Moreover, breach of warranty claims fails to protect consumers in these cases.
Assessing the Value of Your Product Liability Claim in Chicago
Determining the value of a product liability claim in Chicago depends on several factors, including the severity of the injuries, recovery time, and associated medical expenses. Other considerations include whether the victim shares any fault in the incident, the insurance policy limits, and the financial status of the responsible party.
In 2020, nearly $240 million in damages were awarded in product liability cases, and approximately $134 million in 2021, despite the COVID-19 courthouse closures.
Factors Influencing Compensation
- Severity of Injury: The more severe the injury, the higher the potential compensation. Serious injuries often lead to significant medical bills, long-term care, and loss of income.
- Recovery Time: Longer recovery times increase medical costs and may result in lost wages, affecting the overall compensation.
- Shared Fault: In Illinois, the rule of modified comparative negligence (735 ILCS 5/2-1116) applies, meaning a plaintiff can recover damages only if their fault is less than 50% of the total responsibility for the injury caused by the defective product. If the plaintiff is deemed to be 50% or more at fault, they will be barred from recovering any damages.
- Insurance and Assets: The compensation you receive may also depend on the insurance limits of the liable party and their ability to pay damages.
Working with a knowledgeable product liability attorney in Chicago is essential to accurately calculate your total losses and ensure you receive fair compensation.
Understanding Illinois Product Liability Law
Illinois Product Liability Law is designed to hold manufacturers, distributors, and retailers accountable for injuries caused by defective products. Under Illinois product liability law, a product may be considered defective due to issues in its design, manufacturing or production process, or inadequate warnings. If a consumer is injured by a product that is deemed unreasonably dangerous, they may be entitled to compensation under Illinois law.
Statute of Limitations for Product Liability Claims in Illinois
In Illinois, the statute of limitations for filing a product liability lawsuit is generally two years from the date of the injury. This deadline is crucial because if you fail to file your claim within this period, you may lose your right to seek compensation. It’s essential to act quickly and consult with an attorney who can ensure that your claim is filed on time. There are some exceptions to this rule, such as if the injury was not immediately discoverable, but these are rare and should be discussed with a legal professional.
The Impact of a Product Recall on Your Claim
A product recall occurs when a manufacturer or government agency requests the removal of a product due to safety concerns, defects, or failure to meet quality standards. In 2023, over 80 million product units were recalled, including nearly 100 children’s items, 90 sports and recreational products, and various beauty and hygiene products.
While a recall can serve as useful evidence in your case, it does not automatically guarantee compensation. You and your product liability lawyer must still prove that the dangerous or defective product caused your injuries.
Even if a recall is issued, many consumers may be unaware, and dangerous products often remain in circulation. Whether or not the product was recalled, if it caused you harm, you could have grounds for a product liability claim in Chicago.
Common Injuries in Product Liability Cases
Defective products can cause a variety of injuries, depending on the type of defect and the product involved. Data from CPSC reveals that stairs, ramps, landings, and floors caused over 2.6 million emergency visits and 6.6 million medically attended injuries each year in the U.S. from 2018 to 2020. Injuries from beds, chairs, exercise equipment, bathtubs, clothing, and bicycles ranged between 1.05 and 2.08 million annually.
Some common injuries caused by defective products in Chicago include:
- Burns: Often caused by faulty electrical devices or flammable products.
- Electrocution: Typically associated with defective appliances or power tools.
- Broken Bones: Can result from defective vehicles, toys, or machinery.
- Lacerations and Cuts: Common with faulty machinery, tools, or sharp-edged products.
- Poisoning: Can occur due to contaminated food, medications, or toxic chemicals.
Who Can Be Held Liable in a Chicago Product Liability Case?
Liability in a product liability case can extend to several parties involved in the production, distribution, and sale of the defective product. CPSC reports that fires and suffocation led to approximately 2,570 and 2,220 consumer deaths in 2019, respectively.
Understanding who can be held liable is crucial for ensuring that you pursue the correct defendants in your negligence claim.
Product Manufacturer
The manufacturer of the product is often the primary defendant in a product liability case. This includes the company that designed, assembled, and tested the product. If a manufacturing defect is detected, such as using substandard materials or failing to conduct proper quality control, the manufacturer will likely be held liable.
Parts Manufacturer
If the defect lies within a specific component of the product, the manufacturer of that component can also be held liable. For example, if a car’s brakes fail due to a defect in the brake pads, the manufacturer of the brake pads, as well as the car manufacturer, could be named in the defective product lawsuit.
Wholesalers and Distributors
Wholesalers and distributors act as intermediaries between manufacturers and retailers. If a wholesaler or distributor knowingly distributes a defective product, they can be held liable for any resulting injuries. This is particularly relevant if the distributor knew about the defect but failed to take appropriate action, such as issuing a recall.
Retailers
Retailers can also be held liable for selling defective or dangerous products, even if they did not manufacture them. Retailers are responsible for ensuring that the products they sell are safe and must provide adequate warnings and instructions. If a retailer sells a product that they know is defective, or fails to provide necessary warnings, they can be included as defendants in a product liability lawsuit.
Product Installers
If the product was installed by a third party and the installation contributed to the injury, the installer could be held liable. This is common in cases involving complex products like home appliances, vehicles, or medical devices, where improper installation can create safety hazards.
Defenses in Chicago Product Liability Cases
Defendants in product liability cases often raise several defenses to avoid liability. A report revealed that product liability cases not part of multidistrict litigation hit their highest point since 2013, with 5,826 cases filed in 2022.
Understanding these defenses can help you and your attorney prepare a strong case.
Causation Defense
The defense may argue that the injury was not caused by the product defect but by some other factor, such as user error or an unrelated incident. To counter this defense, the plaintiff must provide clear evidence linking the product defect directly to the injury.
Foreseeability Defense
The manufacturer might claim that the injury resulted from an unforeseeable use of the product. For example, suppose a consumer uses a product in a way that was not intended or recommended. In that case, the manufacturer may argue that they should not be held liable for any resulting harm.
Assumption of Risk
This defense asserts that the plaintiff knew about the risks associated with the product and chose to use it anyway. If the defendant can prove that the plaintiff was aware of the danger and voluntarily assumed the risk, it may reduce or eliminate the defendant’s liability.
Substantial Change Defense
If the product was altered after it left the manufacturer’s control and this alteration caused the injury, the manufacturer may argue that they are not liable. For example, if a consumer modifies a power tool in a way that makes it unsafe, the manufacturer may not be responsible for any injuries that occur as a result.
Types of Damages in Chicago Product Liability Cases
Victims of defective products may be entitled to various types of damages, depending on the nature and severity of their injuries. Damages in product liability cases are generally divided into economic, non-economic, and punitive damages.
Economic Damages
Economic damages cover tangible, out-of-pocket losses and include:
- Medical Expenses: Costs for hospital stays, surgeries, medications, and ongoing care.
- Lost Wages: Compensation for income lost during injury-related work absence.
- Property Damage: Expenses to repair or replace damaged property.
- Other Financial Losses: Includes travel for medical treatment or hiring help for tasks you can no longer perform.
Non-Economic Damages
Non-economic damages address intangible losses, such as:
- Pain and Suffering: Recovering damages for physical pain and emotional distress suffered by the victim and their family.
- Loss of Enjoyment of Life: Damages for reduced quality of life and inability to enjoy previous activities.
- Emotional Distress: Compensation for psychological impacts like anxiety or depression from the injury.
Punitive Damages
Punitive damages are granted in product liability cases when the defendant’s actions were especially egregious, reckless, or malicious. These damages aim to penalize the defendant and discourage similar conduct in the future. However, punitive damages are rare and typically only awarded in cases where the defendant’s actions were especially harmful or willfully negligent.
Damages for Wrongful Death
When a dangerous product causes death, the family may file a product liability claim for wrongful death. In 2019, an estimated 50,900 deaths were associated with consumer products, with an age-adjusted death rate of 13.9 per 100,000 people. To recover damages, they must prove the manufacturer or seller was responsible. Damages can include funeral and burial costs, medical expenses, lost income, loss of companionship, care, and consortium.
High-Profile Product Liability Cases
Several high-profile cases have brought attention to the importance of product liability law. These defective product cases examples often involve large corporations, but the legal principles apply broadly to any product liability claim.
Legal costs for manufacturers have skyrocketed, with product liability cases representing nearly 60% of the average corporation’s litigation expenses.
Automotive Defects
In August 1999, General Motors faced a defective product lawsuit after a faulty gas tank in a 1979 Chevrolet Malibu caused severe burns to six people. The plaintiffs, seeking $4.9 billion, presented evidence that GM knew of the issue but ignored it due to associated costs. (Source)
Consumer Goods
In 2019, Johnson & Johnson recalled its Baby Powder after the FDA found asbestos. By May 2020, J&J stopped selling talcum-based powder in the U.S. and Canada. The company later settled over 1,000 cancer lawsuits for $100 million. (Source)
Electronics
Thousands of military personnel and veterans sued 3M, alleging its earplugs were faulty, causing hearing damage during military operations. On August 29, 2023, 3M settled for $6.01 billion after prolonged litigation. The lawsuits focused on Combat Arms earplugs, accusing 3M of concealing defects, falsifying tests, and failing to provide proper usage instructions. (Source)
Why You Need a Defective Product Injury Lawyer in Chicago
Handling a product liability claim can be intricate, particularly when facing well-resourced corporations and their legal teams. A specialized defective product injury lawyer can be instrumental in navigating this complex process and maximizing your chances of a successful outcome.
- Investigate Your Claim: Your lawyer will conduct a thorough investigation into the incident, gather crucial evidence, review medical records, and consult with experts to build a strong case.
- Negotiate on Your Behalf: They will engage with the manufacturer’s insurance company to negotiate a fair settlement and ensure your interests are represented.
- Take Legal Action: If an out-of-court settlement cannot be achieved, your attorney will file a defective product lawsuit and advocate for you in court, striving to secure the compensation you deserve.
Having an experienced attorney by your side increases the likelihood of a favorable resolution, whether through settlement or litigation. With over 90% of product liability claims settling out of court, a Chicago product liability lawyer can increase the likelihood of a favorable resolution, whether through settlement or litigation and ensure maximum compensation for you.
Conclusion
Navigating a defective product lawsuit in Chicago requires a deep understanding of Illinois product liability law and the ability to effectively argue for your rights. By assessing the value of your claim, understanding the legal requirements, and acting within the statute of limitations, you can position yourself for a successful outcome. Consulting with an experienced product liability attorney in Chicago is crucial to protecting your rights and securing the compensation you deserve.
Whether dealing with a dangerous consumer product, a defective vehicle, or a recalled item, the law is on your side to hold those responsible accountable and prevent future harm to others.
The Injury Lawyer Team specializes in personal injury law and is experienced in handling complex product liability cases in Chicago, Illinois. Call (888) 424-5757 for a free consultation with our skilled product liability lawyer to explore your legal options.
FAQs
What is the product liability law in Illinois?
Illinois product liability law allows consumers to sue manufacturers or sellers for injuries caused by defective products.
What constitutes a defect in product liability?
A defect in product liability refers to a flaw in design, manufacturing, or labeling that makes a product unsafe.
What are the four key legal theories of product liability?
The four doctrines of product liability include strict liability, negligence, breach of warranty, and misrepresentation.
Who is held strictly liable for defects in products?
Manufacturers, distributors, and sellers can be held strictly liable for product defects that cause physical harm.