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Chicago Defective Product Attorney

From pharmaceutical drugs and medical devices to children’s toys and automobile parts, thousands of products make their way into American homes every day – many of which were, unfortunately, not adequately tested for safety or marked with necessary warning labels. It is for this reason that a significant number of consumers are hospitalized or seriously injured as a result of defective and faulty products each year. In fact, statistics show that approximately 220,000 children are injured by defective toys annually, while at least 20,000 people are killed by an array of faulty products every year.

If you or someone you love has been injured by a dangerous product, it is important to understand that you have rights. With the help of a Chicago personal injury lawyer from Duncan Law Group, you can seek compensation from the manufacturer, retailer, or distributor responsible for putting you in harm’s way. Our firm has already recovered tens of millions of dollars on behalf of injured victims, so you can trust that we know what it takes to win a difficult case.

In fact, our lead attorney’s experience in the field of personal injury law has even earned him a place on the Super Lawyers® Rising Stars™ list. Contact our office today to begin.

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Common types of product defects that we handle in Chicago

What rights do consumers in Chicago have in relation to product liability?

How do I know who is liable in a product defect case in Chicago?

How long do I have to file a product defect claim after an accident in Chicago?

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Types of Product Liability Claims We Handle in Chicago

Due to the complex nature of product liability claims, it is important o ensure that you have an experienced personal injury attorney on your side when pursuing compensation. Fortunately for you, Duncan Law Group is well-equipped to represent a wide range of defective product cases.

Get in touch with our firm if you were injured by any of the following:

  • Pharmaceutical drugs
  • Medical devices
  • Automobile parts
  • Children’s toys
  • Household appliances
  • Construction equipment
  • Cosmetics / beauty products

What Are Your Rights as a Consumer in Chicago When it Comes to Product Liability?

Tires, brakes, airbags, accelerators and seat belts, which are inherently dangerous due to design flaws and manufacturing errors, are all common examples of defective products. Dangerous pharmaceuticals that result in serious side effects like strokes, suicidal thoughts, heart problems, respiratory ailments, various forms of cancer, and other debilitating health damage are similar examples. Every year, warnings and recalls concerning such products are published by the Food and Drug Administration (FDA) and other government agencies due to consumer reports of adverse effects and problems with such products.

For example, the FDA now requires drug companies to mark antidepressants with a “black box” warning to the effect that the drugs double the incidence of suicidal behavior. A competent personal injury attorney in Chicago can help you in building an effective injury claim or lawsuit to help you secure the compensation you deserve for medical expenses, lost wages, pain and suffering, and more following the use of any defective product. All negligent parties should be held accountable for the harm that they have caused, and Duncan Law Group is ready to help you do just that.

Who Is Liable for a Product Defect in Chicago?

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 if you suffer an injury due to a product defect, you can hold any company in the line of distribution accountable for your injuries. This may include the manufacturer, the wholesaler, the retailer, and the distributor.

There are three types of product liability claims you can file in Illinois: manufacturing defect claims, design defect claims, and failure to warn claims.

  • Manufacturing defect claims allege that the product suffered damage at the manufacturing plant that caused the defect.
  • Design defect claims allege the defect is inherent in the product’s dangerous design.
  • Failure to warn claims allege the manufacturer failed to provide adequate instructions or warnings about how to use the product properly.

Identifying the at-fault party is one of the most important steps to take in your claim. Your 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. Once you identify the defendant or defendants and file your claim, you will then need to prove that you have a legal right to damages.

According to Illinois product liability laws, you must establish the following three elements to secure compensation in your lawsuit.

  • The product in question had an unreasonably dangerous defect that caused your injury.
  • The defect caused your injury even though you used the product in the way the manufacturer intended at the time of the accident.
  • The defect existed in the product when it left the manufacturer’s control.

How Long Do I Have to File a Product Defect Claim in Chicago?

All civil lawsuits in the state of Illinois are subject to a deadline known as the statute of limitations. This rule states that you must file your product liability claim within two years of the accident if you suffered a personal injury due to the defect. If you are seeking damages for property damage, not injury-related losses, you have five years from the date of the incident to file your claim. If you do not file within this time period, the court will dismiss your case and you will not receive compensation.

There are certain exceptions to this rule. For example, if you do not discover your injuries until a later date, your case may be subject to the discovery rule. This rule states that if you could not have reasonably known about your injuries until a later date, the statute of limitations clock will begin running on the date of discovery.

However, this may not apply to your product liability case; the discovery rule is most common in medical malpractice lawsuits and defective drug claims. To determine your statute of limitations and preserve your right to recovery, speak to an attorney at Duncan Law Group as soon as possible following your injury.

Schedule Your Free Consultation with Duncan Law Group Today

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 legal team at Duncan Law Group as soon as possible. Our law firm can put more than a decade of experience to work for you, so you can rest assured that your future will be in competent hands when you turn to us for help.

You can get started today by setting up a free initial consultation, whether you would like to contact us online or over the phone at (312) 202-3283.