Product Liability Attorney In Naperville, Illinois
An unexpected defect in a product can cause stress, frustration, and even consumer injury. The danger of defective products and the harm that they can cause is an issue that our attorneys at Marker & Crannell combat regularly. Whether the product defect is due to faulty design, poor production, or insufficient labeling, no matter who is responsible, we are here to help. We understand that this can be an overwhelming and confusing situation. If you or a loved one has been injured as a result of a product defect, contact our experienced attorneys in Naperville and Aurora, Illinois, today. We’ll be by your side every step of the way to guide you through your product liability claim.
Understanding Product Liability
Product liability occurs when there is evidence that harm has been done due to a defective product. A product can be defective in its:
- Design
- Manufacturing
- Warning to consumers
When the design of the product itself is what made the product unreasonably dangerous, it is considered a design defect. A manufacturing defect is when the design of the product was reasonably safe, but an error occurred when manufacturing the item, rendering the product unreasonably dangerous. A “failure to warn” defect occurred when the product was designed and manufactured correctly, but warnings of the foreseeable risk of using the product were absent.
Three Types Of Product Liability Claims
If you have determined that you have suffered damages due to a defective product, then you’ll need to know what kind of claims you can file. There are three types of claims that you can file in a product liability case:
- Strict liability – A strict liability claim allows you to recover compensation from the manufacturer or seller of the defective product without having to show that they were negligent. In other words, it’s holding the seller of the product liable for the safety of the merchandise that they are selling.
- Negligence – A negligence claim can be filed if the product falls below the standards established by law to protect you against unreasonable harm.
- Breach of warranty – A breach of warranty claim is appropriate if the product was guaranteed to meet a certain level of reliability and quality, and subsequently failed to do so.
The responsibility for defective products can fall on the shoulders of any parties involved in any of the steps in the product’s supply chain. From the product or parts manufacturer, assemblers, and wholesalers to the retail store that you ultimately purchased the product from. Careful analysis is required to ensure all of the correct defendants are identified and named in a lawsuit prior to the expiration of the statute of limitations.
Filing A Product Liability Claim
In Illinois, the statute of limitations for filing a product liability claim is two years if based on personal injury and five years if based on damage to property. Illinois also enforces a statute of repose for product liability lawsuits, which is a time limit to follow a claim from when the product was sold (either to the consumer or the seller — whichever comes first):
- 10 years from the date of first sale/lease/delivery to the initial consumer/user; or
- 12 years from the date of first sale/lease/delivery by a seller.
This is so that the seller and manufacturer aren’t indefinitely held liable for a product since a consumer may not sustain any injury for many years after the initial purchase.
When filing a claim, you’ll need to prove three things. You’ll need to prove that the product:
- Was defective,
- Caused you harm, and
- That you suffered damages as a result of the faulty product.
How We Can Help
Consumer products result in nearly 29 million injuries every year in the United States, according to Consumer Product Safety Commission statistics, but to our attorneys at Marker & Crannell, you are more than just a number. If you have suffered a personal injury due to a defective product, then you deserve to be compensated fairly. We will investigate your case, review your options, and guide you through key decisions. We will handle your case with care and confidence.
Product Liability Attorneys In Naperville, Illinois
Pursuing a claim for injuries caused by a defective product will not only help deliver you justice by holding a company accountable for injuries its product caused you, but it will likely also result in a safer product and help prevent that product or company from injuring other people.
At Marker & Crannell, our attorneys are experienced in handling product liability claims and can take over the complicated issues pertaining to your claim so you can focus on recovering from your injury or loss. If you are located in Naperville, Illinois, or nearby areas, including Bolingbrook, Aurora, Romeoville, Joliet or Plainfield, then we encourage you to give us a call for a free consultation. A personal injury lawyer can streamline your product liability case and help you fight for fair compensation for your injuries and damages.
Illinois Defective Products FAQ
At the personal injury law firm of Marker & Crannell, we get lots of questions regarding defective products, and what recourse our clients can seek if they believe a defective product caused their injury. Here, we answer some of the more commonly asked questions, but if you need more information, don’t hesitate to call us at 630-912-6009 or contact us online to schedule a free consultation.
Who do I sue if I’m injured or if a loved one dies from a defective product in Naperville?
Depending on the exact circumstances of your case, it could be anyone along the chain of distribution for a given product, which includes manufacturers, distributors, suppliers, retailers, and wholesalers.
What products are covered by product liability laws in Illinois?
The category of products covered by product liability laws is very broad and includes many more things than it excludes. Generally speaking, any product produced by a manufacturer and made available to the public could be covered by product liability laws if that product ends up causing an injury to a consumer.
Products that properly function or that do not cause any injury are often not subject to product liability laws.
Can I still sue if the defective product is old?
The answer to this question may depend on the type of product for which you wish to bring a claim. If the passage of time impairs the product in any way and there is a label to identify the same, then you likely cannot sue. For example, some body products have labels identifying the expiration or “use by” date, and if you use it after that date and get a rash or an infection, you may not be eligible for compensation.
Can I still sue if I did not own the defective product?
You do not have to own the defective product in order to be able to sue for an injury. Products on the market must be safe and/or provide warnings so that all consumers are safe when using the product. It is foreseeable that a friend may loan a product to another person or that an item may be resold. However, if the product is modified in some way or misused, then you may not be eligible for compensation.
What should I do with a defective product in Illinois?
If you believe a product is defective, you want to protect yourself in case you file a claim. Follow these instructions.
- Preserve the defective product. The company that made or sold the product may advise you to throw it away or return it, but you should hold on to it if it is safe for you to do so. It will be the single most important piece of evidence to (1) prove it was defective, and (2) link it to any damages you suffer.
- Store the product safely. Many defective products are also products that pose certain risks or dangers, like electrical devices or medicines. Store them away from where someone could access them.
- Gather documents and/or evidence. You may want to prove how you obtained the product or any correspondence you have on the product. Receipts, emails, warranties, prescriptions, invoices (for example, records to show maintenance and repairs), and other paperwork should be gathered and provided to your personal injury lawyer in Illinois.
Will my Naperville defective product lawsuit settle outside of court?
The majority of defective product lawsuit cases end up settling outside of court. Going to trial can be an expensive and time-consuming process for everyone involved, so it is usually in both parties’ best interest to find a negotiated settlement amount as opposed to going to court. However, if the defendant in your case is unwilling to offer a fair settlement, it may be necessary to take them to trial to fight for fair and just compensation.
How can I help my Naperville defective product attorney develop my case?
The general rule of defective product cases is that it is far better to end up having too much information than too little. This means that the primary way you can help preserve any case you may have is to document every step of the way, whether that is keeping the defective product, getting copies of medical records, or taking pictures and videos of injuries or the accident scene.
Do I really need a personal injury lawyer in Illinois for my defective product claim?
Product defect cases – whether they pertain to auto defects, household product defects, defective medicines, defective medical devices, cosmetics, agricultural products, and just about anything else – are complex cases that require as much technical knowledge as they do legal skills. Key to winning your case also requires identifying who is responsible for the defect, which can be one or multiple parties. The legal basis for bringing the claim is also critical to the outcome of your case – will your claim be based on one or all of the following: manufacturing defect, design defect, or marketing defect. Depending on the legal basis, you must craft your claim so that the elements of each legal basis are satisfied.
Filing a defective product claim takes work and is best conducted by someone who has the knowledge, resources, and experience. Retaining a lawyer for your defective product claim is in your best interest.
How soon do I need to contact a defective product attorney to represent my case in Naperville?
You should contact Marker & Crannell as soon as possible to get the ball rolling on your case. There are statutes of limitations to contend with, and speaking with an attorney quickly helps to avoid issues in this area. Each jurisdiction has its own statute of limitations –your personal injury lawyer in Naperville will advise you of the time constraints in your specific jurisdiction.
Still Have Questions? Contact A Product Defect Attorney In Illinois Today
Through a prompt and thorough investigation, you can get the compensation you deserve. It is crucial, however, that you contact a defective product lawyer in Illinois to help you through the process.
Add your name to our booking calendar today. Call us at 630-912-6009 or send an online inquiry to schedule a free consultation today. If you would like to bypass our initial intake process, we give you the option of completing this form prior to our meeting.