When defective products cause serious injuries or death, victims need skilled legal representation to hold manufacturers accountable. At Willens & Baez Personal Injury Lawyers, our Chicago product liability attorneys fight for maximum compensation on behalf of injured consumers and their families.
Schedule a free consultation with the experienced product liability lawyers at Willens & Baez Personal Injury Lawyers, P.C.. Call us today at (312) 957-4166. The attorneys at Willens & Baez Personal Injury Lawyers, P.C.will not charge you any fees until we’ve secured compensation for you.
What Is Product Liability?
Product liability law makes manufacturers, distributors, and retailers liable for injuries caused by unsafe products they create or sell. Under Illinois law, companies have a legal duty to ensure their products are safe for intended use.
Product-related incidents cost the nation more than $1 trillion annually, according to the US Consumer Product Safety Commission (CPSC). With product liability cases increasing dramatically from 2013 to 2022, manufacturers face growing pressure to prioritize consumer safety.
Three main types of product defects can lead to liability claims:
- Design defects: The product’s design is inherently dangerous, making all products in that line potentially hazardous.
- Manufacturing defects: Errors during production create dangerous flaws in specific units, even when the overall design is safe.
- Warning defects: These are inadequate instructions or failure to warn consumers about known risks associated with proper product use.
Willens & Baez’s lead attorney Matthew Willens brings decades of experience handling complex product liability cases in Chicago. His track record includes securing multi-million dollar recoveries for clients injured by defective medical devices, dangerous consumer products, and faulty automotive components.
Common Types of Defective Product Cases
Our Chicago product liability lawyers handle a wide range of dangerous product claims:
Medical Devices and Medications
- Defective hip and knee implants
- Faulty pacemakers and surgical instruments
- Dangerous prescription drugs with undisclosed side effects
- Contaminated medical supplies.
Automotive Products
- Defective airbags and seatbelts
- Faulty brakes and steering systems
- Tire blowouts and tread separation
- Fuel system defects causing fires.
Consumer Products
- Dangerous toys and children’s products
- Defective appliances and electronics
- Faulty power tools and equipment
- Contaminated food and beverages.
Industrial and Construction Equipment
- Defective machinery and tools
- Faulty scaffolding and ladders
- Dangerous chemicals and materials
- Inadequate safety equipment.
Understanding Product Liability Statistics
Recent data reveals the serious scope of product-related injuries in America:
- The CPSC reported 50,900 product-related deaths in 2019.
- An estimated 145,500 toy-related injuries were treated in emergency departments in 2022.
- Micromobility device injuries increased nearly 21% in 2022 from the previous year. These devices include e-scooters and e-bikes.
- Product liability trials result in plaintiff victories 34% of the time.
- The average product liability case payout is $7.06 million, while the median is $3.9 million as of 2020.
These statistics underscore why having experienced legal representation matters when pursuing product liability claims.
How Product Liability Claims Work in Illinois
Illinois follows strict liability principles for product defect cases. Under this legal standard, you’re not required to demonstrate the manufacturer acted carelessly. You must only show that:
- The product contained a defect when it was released by the manufacturer
- You sustained injuries during normal, proper use of the product, and
- Your injuries resulted directly from the product’s defect.
Filing deadlines: Illinois typically allows two years from when you were injured to bring a product liability claim. Special situations may alter this timeframe.
Shared responsibility: Illinois applies a modified comparative fault system. When you bear some responsibility for your injuries, your award decreases proportionally, though you remain eligible for compensation if you’re less than 51% at fault.
Proving Your Product Liability Case
Successful product liability claims require substantial evidence and expert testimony. Our Chicago attorneys work with qualified professionals to build a strong case through:
Product Investigation
- Preserving the defective product as evidence
- Documenting the circumstances of your injury
- Gathering maintenance records and user manuals
- Collecting witness statements.
Expert Analysis
- Engineering experts to analyze design flaws
- Medical professionals to document injuries
- Industry specialists to establish safety standards
- Economic experts to calculate damages.
Corporate Discovery
- Internal company communications about known defects
- Safety testing records and quality control data
- Previous complaints and similar injury reports
- Marketing materials and safety warnings.
Types of Compensation Available
Product liability victims may recover several types of damages:
Economic Damages
- Medical costs (current and future)
- Lost wages and reduced earning capacity
- Rehabilitation and therapy costs
- Property damage
- Long-term needs related to injury.
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement.
Punitive Damages
In cases involving particularly reckless or intentional misconduct, Illinois courts may award punitive damages to punish the defendant and deter similar behavior.
Why Choose Willens & Baez Personal Injury Lawyers, P.C.
Proven Track Record
Willens & Baez Personal Injury Lawyers, P.C. has secured significant recoveries in product liability cases, including:
- $2,000,000 settlement for a premises liability case involving defective property conditions
- $1,750,000 settlement for an aviation accident caused by equipment failure
- Multiple seven-figure settlements for medical device failures and pharmaceutical injuries.
Comprehensive Resources
Product liability cases require substantial financial investment for expert witnesses, product testing, and extensive discovery. We have the resources to fully investigate your case and take on major corporations.
Payment Only Upon Success
Our product liability representation operates on a contingency fee structure. You pay no attorney fees unless we secure a recovery for your case.
Personalized Attention
Unlike large volume firms, we provide personalized attention to each client. Attorney Matthew Willens personally oversees every product liability case to ensure the best possible outcome.
The Product Liability Claims Process
Initial Consultation
We begin with a thorough review of your case, including medical records, product documentation, and the circumstances of your injury. This consultation is free and confidential.
Investigation Phase
Our team immediately preserves crucial evidence and begins investigating the product defect. We work with experts to determine liability and document the full extent of your damages.
Filing Your Claim
We prepare and file all necessary legal documents within Illinois statutory deadlines. Our attorneys handle all communication with insurance companies and opposing counsel.
Discovery and Negotiation
We aggressively pursue evidence through depositions, document requests, and expert analysis. Many cases settle during this phase through skillful negotiation.
Trial Preparation
If settlement negotiations fail, we’re prepared to take your case to trial. Our attorneys have extensive courtroom experience and aren’t afraid to fight for your rights before a jury.
Product liability cases typically take one to three years to resolve, with trials averaging 886 days to reach the trial phase. However, the timeline varies based on case complexity and the defendant’s willingness to negotiate.
Frequently Asked Questions
Q: What’s the deadline for filing a product liability lawsuit in Illinois?
A: Typically, you have two years from when the injury occurred. However, certain factors can affect this deadline, so it’s important to consult an attorney promptly.
Q: What happens if the product gets recalled following my injury?
A: A recall can actually strengthen your case by providing evidence that the manufacturer knew about the defect. However, you still need to prove the recall was related to your specific injury.
Q: Can I sue if I was injured by a product I didn’t purchase?
A: Yes. Product liability law protects anyone injured by a defective product, regardless of whether they bought it directly.
Q: What if the manufacturer is located outside Illinois?
A: You can still file suit in Illinois if that’s where your injury occurred. Our attorneys handle cases involving manufacturers from across the country and internationally.
Taking Action After a Product Injury
If you’ve been injured by a defective product:
- Seek immediate medical attention for your injuries.
- Preserve the product exactly as it was when the incident occurred.
- Document everything including photos, receipts, and medical records.
- Contact an experienced product liability attorney before speaking with insurance companies.
Time is critical in product liability cases. Critical evidence may be lost, witness recollections can deteriorate, and important legal deadlines arrive rapidly.
Contact Our Chicago Product Liability Attorneys
Don’t let dangerous products harm you or your family without consequences. The experienced Chicago product liability lawyers at Willens & Baez Personal Injury Lawyers, P.C. are ready to fight for the compensation you deserve.
Willens & Baez Personal Injury Lawyers, P.C. has a proven track record of multi-million dollar recoveries including a $15.8 million verdict in a catastrophic injury case and numerous settlements exceeding $1 million. We have the experience, resources, and determination to take on major corporations and hold them accountable for their defective products.
Contact us at (312) 957-4166 for a free consultation today. Our team is accessible around the clock to review your case.
