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If you’ve been injured by a defective or dangerous product, you may wish to pursue a legal claim. Early in the process, you may wonder if you really need a product liability lawyer to file your case. While it is possible to file a claim without legal representation, hiring a product liability lawyer can vastly improve your case outcome.
While you can file a product liability claim on your own, you risk missing critical evidence that can help (or harm) your case. The state of Illinois has a strict deadline, or “statute of limitations,” of two years to file your case. Filing on your own can increase the risk of missing this deadline. It can also lead to feeling overwhelmed by strong opposition from corporate legal teams. You may feel compelled to accept a low settlement.
For decades, Chicago product liability attorney David S. Jasmer has been helping people seek compensation for their injuries. If a manufacturer defectively produces an item, fails to warn users about its dangers, or neglects to recall an item promptly, they can be held liable for costs associated with the resulting injuries. This blog will explore common issues with product liability claims, and make the case that it’s always a good idea to work with a product liability attorney.
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Understanding Product Liability Cases
Product liability law allows consumers to seek compensation when they have been harmed by unsafe products. These cases can involve design defects, structural flaws, inadequate warnings (sometimes called “failure to warn” cases), and failure to recall a dangerous product after its risks become known. In Chicago and throughout Illinois, product liability claims are governed by state and federal laws, including the Illinois Product Liability Act, as well as regulations from agencies like the Consumer Product Safety Commission.
Mass Tort Potential
Product liability cases are not like other types of personal injury claims. Not only can they result in catastrophic injuries, but they can involve a number of similarly injured people. Some product liability claims become part of a mass tort, a type of civil action in which multiple injured parties sue a defendant (or multiple defendants) for injuries caused by the same issue. These are common with product liability lawsuits involving medical devices, pharmaceuticals, and popular household items made by one product manufacturer.
If you have a personal injury case that involves a mass tort action, you will want to work with a mass tort attorney like The Jasmer Law Firm. We will handle extensive discovery, coordinate expert testimony, and negotiate with defendants to seek a fair settlement for you. We manage all communication with the insurance companies and all liable parties, ensure proper case management, and oversee the prompt distribution of settlements.
Multiple Liable Parties
In product liability cases, responsibility for a defective product can extend far beyond just the manufacturer. The chain of liability often includes designers, component part suppliers, distributors, wholesalers, retailers, and even marketing agencies or product testing laboratories. Each of these parties plays a distinct role in the product’s lifecycle, from initial design and engineering to final sale and promotion. (In cases involving toxic torts, liability may even spread to governments of multinational corporations.)
Identifying all potentially liable parties requires a thorough investigation and legal expertise, as each entity’s specific actions and responsibilities must be traced and evaluated to determine fault and ensure that all responsible parties are held accountable. A defective product attorney will have worked with many types of product liability cases, including those involving the type of product defect that affected you.
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Technical Evidence
Proving a product defect is rarely as straightforward as you might think. It demands comprehensive technical evidence, expert analysis, and establishing legal groundwork that fortifies your case. The foundation of a strong product liability case often begins with preserving the defective product itself, including proofs of purchase and documentation that link the product to the injury. Visual evidence, like photographs and videos of the product, is critical to your case. A product liability claim can be made or broken from this evidence.
However, our experienced product liability lawyer will dig even deeper. Internal company reports, emails acknowledging known defects, and/or underwriters’ test results can frequently demonstrate how and why the product failed. They will call expert witnesses to testify about the nature of the defect and its impact. Medical professionals may also be needed to link the injury directly to the product’s failure. Your product liability attorney’s multifaceted approach ensures that both the existence of a defect and its causal relationship to the injury are established.
Strict Legal Standards
Illinois applies strict liability to many product liability cases, which fundamentally alters the plaintiff’s burden of proof. Under strict liability, the injured party does not have to prove that the manufacturer or seller was negligent or acted with intent to harm. Instead, the focus is on whether the product was defective, whether the defect made the product unreasonably dangerous, and whether the defect existed when the product left the defendant’s control.
Plaintiffs must demonstrate that their injury resulted directly from the product’s defect, not from misuse or alteration after purchase. This legal standard is designed to protect consumers by holding companies to a higher level of responsibility for the safety of their products. However, strict liability is not absolute; plaintiffs must still present compelling evidence to meet the legal requirements, and the definition of what constitutes a “defect” or “unreasonably dangerous” condition can be complex and fact-specific. A product liability attorney like David S. Jasmer will prove invaluable here.
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“What is Strict Product Liability?”
Strict product liability is a legal doctrine that holds manufacturers, distributors, and sellers responsible for injuries caused by defective products, regardless of whether they acted negligently or exercised reasonable care. Under this rule, a plaintiff does not need to prove that the defendant was careless or intended harm; instead, they must show that the product was defective—whether due to a design flaw, manufacturing error, or inadequate warnings—and that this defect directly caused their injury while the product was being used as intended and without significant alteration.
In simple terms, strict product liability ensures that anyone involved in putting a product into the stream of commerce can be held accountable if the product is unreasonably dangerous. This shifts the focus from the conduct of the seller to the safety of the product itself, and provides a broader protection for consumers harmed by unsafe products.
Read more about strict product liability here.
Aggressive Defense
Any seasoned product liability attorney will tell you that manufacturers and their insurers typically mount aggressive defenses in product liability cases. They may challenge the existence or cause of the defect, argue that you misused or altered the product, or assert that the risks were adequately disclosed through warnings or instructions. Insurance companies have a vested interest in reducing payouts and will call upon their network of technical experts to counter your valid claims.
Because of the tremendous resistance one can expect to encounter during litigation proceedings, the Jasmer Law Firm strongly advises injured people to seek skilled legal representation. Not only does this level the playing field, but it encourages a faster legal process. If you have experienced any sort of noneconomic damages from your injuries, particularly pain and suffering, you will want to work with an attorney to ensure a full, fair resolution.
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How a Chicago Product Liability Lawyer Can Help Your Case
When you suffer an injury from a defective product, the legal process can be overwhelming. A skilled product liability lawyer begins by evaluating your case to determine if your injury qualifies for a claim and identifying the most effective legal strategy. This initial assessment includes a thorough review of the circumstances surrounding your injury and an honest explanation of your legal options, ensuring you understand the strengths and challenges of your case.
Building a strong case requires comprehensive evidence gathering. Your attorney will collect and analyze crucial documents, interview witnesses, consult with expert witnesses, and investigate the product’s design and manufacturing process. This meticulous approach not only preserves important evidence but also strengthens your position, whether negotiating a settlement or preparing for trial. David S. Jasmer is adept at handling negotiations with insurance companies, frequently securing higher compensation than individuals could achieve on their own by countering tactics used to minimize payouts.
If a fair settlement cannot be reached, your lawyer will prepare your case for litigation, representing your interests in court and advocating for the compensation you deserve. The Jasmer Law Firm works on a contingency fee basis, meaning you pay nothing unless you win your case. This arrangement allows you to pursue justice without the burden of upfront legal fees, ensuring that legal representation is accessible when you need it.
Speak to David Jasmer, Chicago Product Liability Lawyer
Product liability cases are challenging, and the stakes are high. Hiring the Chicago product liability lawyer at the Jasmer Law Firm will dramatically increase your chances of holding manufacturers accountable and securing the compensation you need to recover from your injuries. If a defective product in Chicago has harmed you or a loved one, consult with our experienced attorney as soon as possible to protect your rights and maximize your recovery.
Read More from the Jasmer Law Firm: When Do I Need A Product Liability Lawyer?