Dangerous and defective products can cause devastating, life-altering injuries in an instant. If you or a loved one has been harmed, a Chicago product liability lawyer at Duncan Law Group can help you take action against the companies responsible. From manufacturers to distributors and retailers, we pursue accountability from parties that may have played a role in putting unsafe products into the hands of consumers.
Our Chicago product liability attorneys have recovered hundreds of millions of dollars for injury victims across Illinois. We understand how to build strong, evidence-driven cases and are prepared to take on even the most complex product liability claims to secure the compensation you deserve. Contact Duncan Law Group at (312) 202-3283 to get started today.
What Is a Product Liability Claim Under Illinois Law?
All companies have a responsibility to ensure that their products are safe to use and that customers receive adequate warnings for foreseeable risks. Unfortunately, not all entities uphold this standard and as Chicago personal injury lawyers, we hold negligent companies accountable.
From pharmaceutical drugs and medical devices to children’s toys and automobile parts, defective products continue to injure consumers every year. Recent data shows that millions of people are treated for consumer-product-related injuries annually, including an estimated 231,700 toy-related injuries in 2023.
Types of Defective Product Claims We Handle in Chicago
Duncan Law Group represents clients in a wide range of product liability cases involving dangerous and defective products. Our Chicago defective product lawyers handle claims arising from manufacturing defects, design flaws, and failures to provide adequate warnings, each of which can make an otherwise ordinary product unreasonably dangerous.
These issues can affect many types of consumer and commercial products. Our product liability attorneys routinely handle cases involving:
- Defective automobile parts, including brakes, airbags, and tires
- Dangerous or recalled medical devices
- Defective pharmaceutical drugs and failure-to-warn drug claims
- Children’s toys and products with choking or safety hazards
- Household appliances and power tools
- E-cigarettes and vape device explosions
- Toxic chemicals, cosmetics, and personal care products
If you are unsure whether your injury qualifies, an experienced product liability lawyer at Duncan Law Group can evaluate your case and explain your legal options during a free consultation.
Notable Product Liability Verdicts & Settlements
Duncan Law Group has recovered more than $350 million for clients throughout its history, including significant product liability recoveries where we held manufacturers, distributors, and retailers accountable for defective and dangerous products.
Our notable product liability results include a $4.75 million product liability settlement for a client.
Our firm’s track record demonstrates our ability to handle complex product defect cases and pursue full compensation for injured clients. While past results do not guarantee future outcomes, they reflect our commitment to taking on powerful companies and fighting for justice on behalf of Chicago-area consumers.
If you were injured by a defective product, a Chicago product liability lawyer at Duncan Law Group can evaluate your case and work to secure the best possible result.
Illinois Strict Liability for Defective Products
Illinois applies strict liability in many defective product cases. To succeed, you generally must prove:
- The product was defective when it left the manufacturer or seller
- The product was used in a reasonably foreseeable way
- The defect directly caused your injuries
This legal framework allows injured consumers to hold companies accountable without proving traditional negligence. However, these cases often involve complex evidence, expert testimony, and aggressive defense strategies from manufacturers, making experienced legal representation important.
Common Defective Products That Cause Injuries
Product liability claims are complex. Strong cases require thorough investigation, expert testimony, and a deep understanding of product safety standards. That’s why it’s critical to work with an experienced Chicago product liability attorney when pursuing compensation for a defective product injury.
Duncan Law Group is well-equipped to handle a wide range of product liability cases, from everyday consumer goods to high-risk industrial and medical products. If you or a loved one was injured by any of the following defective products, our Chicago product liability lawyers can help:
- Automobile parts: Including brakes, airbags, tires, seatbelts, and steering components
- Medical devices: Such as implants, surgical tools, joint replacements, and diagnostic equipment
- Pharmaceutical drugs: Including defective medications, failure-to-warn drug claims, and recalled prescriptions
- Children’s products: From toys and cribs to car seats and baby monitors with safety hazards
- Household appliances and tools: Including power tools, kitchen appliances, and heating/cooling equipment
- E-cigarettes and vapes: Devices that overheat, explode, or contain harmful substances
- Hazardous chemicals and personal care products: Cleaning agents, cosmetics, hair products, and toxic exposures
Because multiple parties can be liable in these cases, having a skilled Chicago defective product lawyer on your side ensures you pursue compensation from all responsible companies.
Who Can Be Held Liable for a Defective Product in Chicago?
If you suffer a serious injury due to a product defect, you can hold any company in the line of distribution accountable for your serious injuries. This may include the manufacturer, the wholesaler, the retailer, and the distributor.
Identifying the at-fault party is one of the most important steps to take in your claim. Your product liability attorney from Duncan Law Group can conduct an in-depth investigation into your injury, consulting with expert witnesses and examining all pieces of evidence, to determine who you can hold liable.
Common Injuries Caused by Defective Products
Defective products can cause serious, painful medical conditions. These injuries often require immediate medical attention and may lead to life-threatening complications without prompt treatment. At Duncan Law Group, we see certain types of injuries in defective product claims more often than others.
Some of the most common types of defective product injuries include the following:
- Choking injuries: Children’s toys and other products may have small parts that break off easily, posing a choking hazard for infants and young children. Without prompt medical attention, choking can lead to oxygen loss, brain damage, and death. Manufacturers must clearly state if certain toys are meant for older children and warn parents of potential choking hazards.
- Burn injuries: Kitchen appliances, hot hair tools, and other household electronics may have faulty wiring and other defects inside of them. As a result, these products can catch fire or short circuit, causing severe and painful burn injuries to consumers. Burn injuries are painful and may leave permanent scarring or nerve damage.
- Bone fractures: Products may break unexpectedly or explode near a person, leading to accidents that cause broken bones. For example, a person sitting on a patio chair may fall when the chair breaks under him or her, breaking his or her hip. Common types of broken bones include arms, legs, wrists, hands, feet, ankles, hips, and ribs.
- Brain damage: Severe brain damage and head trauma can occur with dangerous products. A dangerous medication may trigger cardiac arrest, cutting off oxygen flow to the brain. A faulty bicycle can malfunction and crash, causing the cyclist to suffer a concussion. Any type of head injury can lead to permanent complications in speech, memory, movement, and other functions, and many people die of brain injuries each year.
Damages Available in an Illinois Product Liability Claim
Through an Illinois product liability lawsuit, you have the right to hold the manufacturer, distributor, or retailer accountable for the economic and non-economic losses you sustained due to a defective product. Recovering full compensation depends on identifying all available damages, whether your case involves personal injury, long-term disability, or even a wrongful death claim.
Economic Damages
Economic damages cover your tangible, financial losses resulting from the defective product. These are typically supported by bills, receipts, and documentation. Common economic damages include:
- All past and future medical expenses, including hospitalizations, surgeries, chemotherapy, medication, and regular checkups.
- Lost wages during your recovery period and loss of future earnings if your injuries prevent you from returning to work.
- Property repairs and replacements for any damage caused by the defective product.
- Disability accommodations, such as live-in care, home and vehicle modifications, and mobility equipment.
- Specialized treatments such as rehabilitation and physical therapy.
Non-Economic Damages
Non-economic damages compensate for the physical and emotional impact of your injuries. These losses are more subjective but equally important to your overall recovery. Common non-economic damages include:
- Physical pain and suffering, including permanent disability, disfigurement, chronic pain, and scarring
- Emotional pain and suffering, such as mental anguish, post-traumatic stress disorder, depression, anxiety, and loss of enjoyment of life
- Loss of consortium or companionship with a spouse or family member
Wrongful Death Damages
If a defective product caused the death of a loved one, surviving family members may pursue a wrongful death claim. Wrongful death damages can include:
- Funeral and burial expenses
- Medical expenses related to the final injury or illness
- Loss of financial support and future earnings
- Loss of companionship, comfort, guidance, and moral support
- Mental anguish and emotional distress resulting from the loss
To pursue full compensation in your product liability claim, it is important to identify all damages that may apply to your situation. The defective product attorneys at Duncan Law Group can conduct a thorough investigation, work with experts to help assess your losses, and prepare a detailed settlement estimate on your behalf. We can also review any settlement offers you receive to help you determine whether they are sufficient.
Illinois Statute of Limitations and Statute of Repose for Product Liability Claims
Every civil lawsuit in Illinois is subject to strict filing deadlines. If you miss these deadlines, your case may be dismissed and you may lose your right to compensation. Product liability cases involve both a statute of limitations (the deadline to file) and a statute of repose (an absolute outer time limit).
For personal injury claims, you generally have two years from the date of injury to file a product liability claim. This includes injuries from defective products such as medical devices, pharmaceutical drugs, automobile parts, children’s products, and household appliances.
If your claim is for property damage only and not for injuries, you have five years from the date of the incident to file. If a defective product caused a loved one’s death, you generally have two years from the date of death to file a wrongful death lawsuit.
In addition to the statute of limitations, Illinois enforces a statute of repose for product liability claims. This is generally an absolute deadline that bars claims filed more than 12 years after the product was first sold, with limited exceptions
Steps to Take After Being Injured by a Defective Product
Taking the right steps immediately after an injury can significantly strengthen your product liability claim and protect your right to compensation. Because defective product cases rely heavily on physical evidence, documentation, and expert analysis, acting quickly is critical.
Follow these steps as soon as possible after your injury:
- Seek Immediate Medical Attention: Your health is the top priority. Get medical care right away, even if your injuries seem minor. Some injuries, such as internal trauma, concussions, or toxic exposure, may not show symptoms immediately. Medical records also create a clear link between the defective product and your injuries.
- Preserve the Product, Packaging, and Receipts: Keep the defective product in the exact condition it was in when it injured you. Do not clean, repair, or modify it. Hold on to the product itself; original packaging, manuals, and warning labels; receipts, order confirmations, or proof of purchase; warranty information. This evidence helps establish when and where the product was purchased and can prove the defect existed when it left the manufacturer.
- Take Photos and Videos of the Injuries and the Product: Document everything while it’s fresh. Include clear photos of your injuries from multiple angles; photos of the product, especially the area that caused harm; close-ups of visible defects, labels, serial numbers, and model numbers; photos of the scene where the injury occurred. Video footage can also be valuable if available (such as security camera footage or dashcams).
- Avoid Repairing or Altering the Product: Do not attempt to fix the product or let anyone else repair it. Even well-intentioned repairs can destroy critical evidence and weaken your case. If the product must be stored securely, keep it in a safe location where it won’t degrade or be tampered with.
- Keep Detailed Records of Medical Treatment and Expenses: Organize all documentation related to your injury and recovery, including emergency room visits, doctor appointments, and specialist visits; hospital bills, surgery costs, and medication expenses; physical therapy, rehabilitation, and medical equipment costs; missed work and lost wages; travel expenses for medical care. Maintain a journal documenting your pain levels, physical limitations, and how the injury affects your daily life.
- Limit Discussions About the Incident: Avoid posting about the accident or your injuries on social media. Do not give recorded statements to the manufacturer’s insurance company or sign any settlement offers without legal advice. These actions can be used against you later.
- Contact a Chicago Defective Product Lawyer Promptly: Product liability cases involve complex laws, multiple potentially liable parties, and aggressive defense teams.
Early investigation is essential. Critical evidence can disappear quickly, witnesses can become unreachable, and deadlines can expire. By contacting a Chicago defective product lawyer promptly, you give your legal team the best opportunity to secure evidence, consult experts, and build a strong case on your behalf.
Why Choose Duncan Law Group for Your Chicago Product Liability Case
If you have been faced with medical bills and time spent away from work as a result of your injuries, you should not hesitate to get in touch with the Chicago product liability attorneys at Duncan Law Group as soon as possible. Our Chicago personal injury law firm has more than 100 years of combined experience. We can put that experience to work for you so your case is handled by a knowledgeable and capable team.
Get started today by setting up a free initial consultation with our Chicago product liability lawyers by visiting us online or by calling (312) 202-3283. We help our clients explore their legal options and opportunities to recover financial compensation. In fact, our lead Chicago attorney’s experience in the field of personal injury law has even earned him a place on the Super Lawyers® Rising Stars™ list.
Contact a Chicago Product Liability Lawyer for a Free Consultation
If you were injured by a dangerous or defective product, do not wait to get legal help. An experienced Chicago product liability attorney at Duncan Law Group can evaluate your case, explain your options, and fight for the compensation you deserve.
Call (312) 202-3283 or contact us online to schedule your free consultation.
Chicago Product Liability FAQs
What is a product liability claim?
A product liability claim is a legal action taken by someone who has been injured or suffered losses due to a defective or dangerous product. These claims allow consumers to seek compensation from manufacturers, retailers, or distributors responsible for the harm caused.
What are the most common types of product liability claims?
There are three main types of product liability claims:
- Manufacturing defects: The product was damaged or flawed during the manufacturing process.
- Design defects: The product’s design is inherently dangerous, even if made correctly.
- Failure to warn: The manufacturer did not provide adequate instructions or warnings about potential risks.
What kinds of products are most likely to cause product liability claims?
Common products involved in liability claims include pharmaceutical drugs, medical devices, automobile parts, children’s toys, household appliances, construction equipment, and cosmetics. Any product that is defective or lacks proper safety warnings can lead to a claim.
What damages can I recover in a product liability claim?
You may be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Disability accommodations
- Emotional distress
How long do I have to file a product liability claim in Chicago?
In Illinois, you generally have two years from the date of your injury to file a product liability claim. If your claim is for property damage (not injury), you have five years. There are limited exceptions, such as the discovery rule, so it’s important to consult a Chicago product liability lawyer as soon as possible.
Who can be held liable for a defective product?
Any company involved in the chain of distribution can be held liable, including the manufacturer, wholesaler, retailer, and distributor. Your attorney will investigate to identify all responsible parties.
What should I do if I’m injured by a defective product?
If you’re injured by a defective product, seek medical attention, preserve the product and any packaging, document your injuries, and contact a Chicago product liability lawyer. Early action helps protect your rights and evidence.
Can I file a claim if a loved one died due to a defective product?
Yes, if a family member dies as a result of a defective product, you may be able to file a wrongful death lawsuit. This allows surviving family members to seek compensation for funeral expenses, loss of income, and loss of companionship.
What is the discovery rule in product liability cases?
The discovery rule extends the statute of limitations if you did not discover your injury until a later date. In such cases, the two-year clock starts when you reasonably discover the injury. This rule is most often applied in medical malpractice and defective drug claims.
How do I know if I have a product liability claim?
If you were injured by a product that was defective, lacked proper warnings, or was dangerous due to its design or manufacturing, you may have a claim. A Chicago product liability attorney can evaluate your situation and help determine your legal options.
Can I sue for burns caused by a product?
Yes. You can file a product liability lawsuit if the product was defectively designed, manufactured, or lacked adequate warnings. Burns are common injuries in such cases, and you may recover damages for medical costs, pain, and disfigurement.
