It is frightening when a consumer product or equipment malfunctions, causing injury to the user or bystanders. What started as a home improvement project or day at the workplace turns into an emergency medical situation. Manufacturers of industrial and consumer goods are supposed to adhere to strict safety standards when creating their products and the written instructions that accompany them, but sometimes they don’t. Some products have faulty designs, and others are poorly assembled.
If you’ve been injured by faulty consumer products or equipment, you may be able to seek financial compensation. A product liability attorney at Lawler Brown Law Firm has the experience and skill to review your case and advise you on next steps. When injured, there are often significant medical bills, missed work and lost earnings, as well as pain and suffering. You should not be responsible for these costs if the injury was due to a manufacturer’s negligence.
For a free initial consultation about your situation, call the Lawler Brown Law Firm at (618) 993-2222.
A Product Liability Attorney at No Cost to You
The Southern Illinois product liability lawyers at Lawler Brown Law Firm work on contingency, which means there is no up-front out-of-pocket cost to you to hire an attorney. We don’t get paid until you get paid. Our fees are covered by the defendant as part a successful settlement agreement or jury award. If for any reason your claim is not successful, then you owe us nothing. Scarce resources should not be a reason for hesitating to file a claim for the compensation you deserve in a product liability case. Our attorneys feel strongly about the need for safe products in the marketplace, and we are ready to aggressively pursue legal action against manufacturers or sellers who allow dangerous products to get into the hands of consumers.
What Is “Product Liability”?
Product liability means a manufacturer, seller or distributor is liable for placing a dangerous or defective product into the hands of consumers. Responsibility for any product or equipment that causes injury or death lies with all sellers of the product who are in the sales chain, as well as the manufacturer. There is no federal product liability law, so claims are based on state laws. Illinois product liability law is covered in Illinois Statutes, Chapter 735, Act 5. Generally, claims are brought under the theories of strict liability, negligence, fraud, or breach of warranty. There are also a set of commercial statutes in every state, including Illinois, that are modeled on the Uniform Commercial Code, which contains product liability warranty rules. In Illinois, there is a statute of limitations on product liability cases that gives a person two years if the case is based on personal injury and five years if based on property damage. That’s why it is important to act promptly, before the window of opportunity closes, if you believe you have a product liability claim.
Types of Product Defects
In these product liability cases, a plaintiff must prove that he or she was injured while using a defective product and that the defect made it significantly dangerous. There are typically three types of defects that might give rise to a manufacturer’s or seller’s liability:
- Design Defects – Something in the product’s design is inherently
- Manufacturing Defects – Something that took place when the product was manufactured or assembled made it
- Marketing Defects – Something is flawed in the way the product is marketed, such as poorly written instructions, missing warning labels, or improper labeling
The product liability lawyers at LBLF are intimately familiar with the potentially dangerous defects and the burden of proof that must be present to build a strong product liability claim on behalf of an injured client. If you are uncertain whether your injury meets the requirements of a product liability claim, call an attorney at Lawler Brown for a free consultation at (618) 993-2222. We would be glad to discuss it with you and answer your questions.
Responsible Parties in a Product Liability Case
For there to be a product liability case, a defective product must have been sold in the marketplace at some point by a manufacturer, seller, distributor or another party in the sales chain. A consumer must have been injured by using the defective product, though that person does not have to be the consumer who purchased it. For example, you can file a product liability claim if you were injured while using your neighbor’s defective lawnmower, which he purchased at a retail store.
Liability for a product defect could rest with one or many parties including:
- The product manufacturer
- The person or company that assembles the product
- The person or company that installs the product
- A supplier who manufactures some of the product’s parts
- The wholesaler
- The retail store that sold the product to the
For product liability to apply, the defective goods must be sold in the regular course of business by one of the parties above. Product liability typically does not apply for products sold at a garage sale, church bazaar or other similar event.
Have Questions? We Can Help.
The law can seem confusing and overwhelming sometimes, and when you’re injured, the last thing you want to do is try to decipher legal jargon. That’s when you need an experienced product liability attorney to work on your behalf. While you are getting the medical treatment you need and spending your time recovering from your injury, an attorney at Lawler Brown Law firm will do the heavy lifting where legal matters are concerned. Our product liability lawyers have years of experience in successfully litigating these cases on behalf of injured clients, and we can do the same for you. We work hard to secure the financial compensation our clients are entitled to. Would you like to get in touch with us? Please call us at (618) 993-2222 or fill out the short form below and we’ll contact you in a manner and at a time of your convenience.