Naperville Product Liability Lawyers
Defective products can cause serious harm to those who use them, even when the product is used as intended. Victims of these defective products may have grounds to file a product liability claim to hold liable parties accountable for their negligence. It can be difficult to hold liable parties accountable, however.
Due to the intricate nature of product liability claims, you should contact an experienced product liability attorney as soon as possible for help with your case. A knowledgeable attorney can help you determine who to hold responsible as they advocate for your rights as an injured victim.
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What Is Product Liability?
Product liability is the legal liability incurred by the manufacturer or seller of a product deemed unsafe or faulty. This means that these companies are expected to take necessary steps to ensure a product is safe for use while providing warnings about the harm a product can cause if not used as intended.
Product liability laws exist to protect consumers from faulty products and enables them to take legal action, should a product be deemed unsafe. With these laws in effect, liable parties can be held responsible for their negligent actions that led to a product becoming unsafe.
Proving Liability in a Defective Product Case
When it comes to proving liability in a product liability case, you must be able to prove that the company breached its duty of care, and that you suffered injury and losses as a result. In Illinois, most product liability cases fall under a “strict liability” type of case. This means that, beyond proving you were injured by the company’s product, you don’t necessarily need to prove anything else. An experienced product liability lawyer in Naperville can help you prove your injuries and hold the negligent party liable for your injuries
Damages You can Recover in a Product Liability Claim
In a product liability claim, there are generally three types of damages you can recover. A Naperville product liability attorney can help you determine what damages you may be entitled to and assist you in pursuing the compensation you’re owed. These damages can include:
- Economic damages: Also referred to as “special damages,” economic damages are the financial losses you incur as a result of another party’s negligence. This can include lost wages and medical expenses.
- Non-Economic damages: Also known as “general damages,” non-economic damages are the intangible damages related to your case, including pain and suffering, emotional distress, and loss of consortium.
- Punitive damages: In some cases, punitive damages may apply to your case. Punitive damages are awarded when the negligent party is found to be grossly negligent or malicious in their intent.
The skilled attorneys at Chute, O’Malley, Knobloch & Turcy, LLC have experience handling product liability cases and can assist you in holding the responsible party liable for their actions.
How Long Do You Have to File a Product Liability Claim?
In Illinois, the time limit for filing a product liability claim is generally two years from the date of injury. However, there may be certain specifications regarding your case that influences the time frame in which you have to file your claim. This is why it is important to contact an attorney as soon as you are able to do so. Your attorney can help you determine how the time limit for filing applies to your case.
Improper Use of a Product
Most product packaging tends to come with a list of directions for proper use, as well as warnings for improper use. Warning labels function in two ways: to lessen the chance of consumer injury, and to protect the manufacturer from litigation, should someone become harmed due to improper use of a product.
In your product liability claim, you must be able to prove that you used the product as intended, and that you suffered harm as a result. For example, if you were to use lotion on your skin, as it was intended for, and you suffered chemical burns, you may be eligible for compensation. If however, you suffered injury because you ingested this product, and the packaging had a warning against doing so, you would most likely be barred from compensation.
It is important that you retain the product packaging, and, if possible, the product itself. Being able to prove that you used the product in a way you believed to be its intended use is crucial in your claim. A product liability attorney can help you gather and review any evidence, including medical bills, pictures of your injury, the packaging, and, if remaining, the product itself to help determine whether you have a claim.
Class Action Defective Product Lawsuits
Injuries due to defective products may extend to other people as well. In the event that there are many cases involving a specific defective product, it can necessitate a class action lawsuit. In a class action lawsuit, individuals affected by these products can join together against the liable party and put together a stronger lawsuit. However, class action lawsuits provide shared compensation, instead of singular compensation.
Each case will have common elements, aiding them in fitting together when it comes to filing a class action lawsuit. Various elements that these cases can have in common are:
- Each person was caused harm from the product that was defective
- In the process of manufacturing the product there was negligence involved that allowed a large populace of people to become harmed because of this unchecked hazard
- There was a design flaw that the manufacturer never addressed before sending it off to consumers
In a class action lawsuit, it is important to take into account the negligence each case has in common. Your attorney should help you determine whether the manufacturer took precautions to provide a hazard free product, or if the manufacturer knew the product design was flawed.
The experienced product liability attorneys at Chute, O’Malley, Knobloch & Turcy, LLC can help you understand what compensation you’re entitled to, and what your options are for pursuing justice.
Understanding Defective Product Cases
Here is an example of a defective product case to help you better understand the process:
A child suffered lead poisoning from a crib that they were using. It’s common to believe that the threat of lead poisoning no longer exists; however, lead poisoning is still a concern for many people. If a mom unintentionally put the baby in a crib not knowing that there was a threat of lead poisoning, and it was due to the manufacturer’s negligence, then they might be able to file a defective product case for the harm that the lead poisoning caused their child.
It is almost always an unexpected event that causes harm to the innocent consumer. Not too long ago, baby seats were being recalled because of the danger of the infants rolling over and suffocating. When we have items that are by design unsafe and the manufacturer knew that these products were not safe for consumers, then they are liable for any harm that befalls the unsuspecting consumers.
Our Naperville product liability lawyers stay up-to-date with the laws and regulations regarding these types of cases so when you come to us, we are prepared for your case, regardless of whether anyone has sued before.
How Naperville Product Liability Lawyers Can Help
The best course of action when dealing with a product liability claim is to enlist the help of a skilled product liability attorney. An attorney is your strongest advocate during your case. They can assist you in many ways, including gathering evidence, investigating to determine who should be held liable, and fighting for your rights in court. Additionally, your attorney will be able to file any necessary paperwork when handling your claim.
Typically, a Naperville product liability lawyer will offer free consultations when reviewing your case. This can be useful in helping you decide who you hire to represent you in your case, as you can get to know your attorney and learn about their experience with similar cases to yours. It is important to hire an attorney with experience in your type of case, as it increases your chances of a successful case.
Our Naperville product liability attorneys have many years of experience in handling product liability cases such as yours. Let us help you get the compensation you need in order to recover from your losses.
Call Our Naperville Product Liability Lawyers Today for a Free Consultation
If you’ve been seriously harmed because of a defective product, and you have suffered serious injuries and damages, please don’t hesitate to reach out to our Naperville product liability lawyers today to set up your free consultation. Learn how we can give you justice. Contact the skilled attorneys at Chute, O’Malley, Knobloch & Turcy, LLC for help with your case today.
