Product liability claims can be complex. David Jasmer is a skilled negotiator who strives to secure fair settlements for his clients; if a reasonable agreement cannot be reached, he is prepared to take the product liability case to trial. His expertise extends to all types of product liability cases, including those involving pharmaceuticals and faulty appliances to defective vehicles.
Understanding the Role of a Product Liability Lawyer
Product liability attorneys play a crucial role in representing individuals who have been injured by a defective product, whether the harm was caused by a manufacturer defect, design defects, or inherent flaws in the product’s design or manufacturing process. These experienced product liability lawyers investigate the circumstances of the injury, gather evidence, and work with technical experts to prove that the product was defective and directly responsible for the injuries caused by a defective item.
When someone decides to file a product liability claim, our team gets to work reviewing medical records, examining the product, and compiling documentation to support the case. We aim to prove that the product was defective—whether due to a design flaw, a problem in the manufacturing process, or inadequate warnings—and that this defect led to harm. “Harm” can include anything from pain and suffering and medical expenses, to physical deformity or even wrongful death. We often pursue compensation for both economic and non-economic damages, holding manufacturers accountable for their negligence.
If you believe you have suffered harm due to a product defect, speak to a product liability lawyer at the Jasmer Law Firm to learn your legal options. These professionals can evaluate your case, explain your legal options, and guide you through the process tof filingo file a product liability claim, increasing your chances of a successful outcome and helping you recover damages for your losses.
Speak to an Illinois Product Liability Lawyer
What is Product Liability?
While the specifics of product liability vary widely from state to state, it is generally defined as the responsibility of companies that manufacture, distribute, supply, or retail products with defects that cause damages or injuries to consumers. Cases involving broken or missing parts, unsecured components, danger from misuse, chemical contamination, and choking hazards are all considered product liability cases.
All business entities, from the manufacturers to the distributors, are legally obligated to make a product safe for consumers. When a defective or unsafe product causes injury or death, the company that manufactures, distributes, supplies, or sells it can be held responsible for the damages caused.
The Jasmer Law Firm is committed to supporting victims of personal injury due to product liability, ensuring they get the justice they deserve and the maximum financial compensation to allow them to recover. Our team of attorneys will aggressively fight for justice on behalf of injury victims harmed by corporate injustice and defective consumer products, holding negligent powerful companies responsible.
Speak to an Illinois Product Liability Lawyer
When Should I File A Product Liability Claim?
Three types of product liability claims can be filed against defending parties: 1) defective product design, 2) defective manufacturing, and 3) failure to warn.
Defective Product Design
A product’s design may lead to it causingto cause harm to a consumer due to its inherent lack of safety, and those responsible for that faulty design may have a personal injury claim and/or product liability suit filed against them. The state of Illinois defines a defective product as one that contains a flaw in its design, a problem introduced during the manufacturing process, or inadequate warnings or instructions, making the product unreasonably dangerous when used as intended or in a reasonably foreseeable manner.
Examples:
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Vehicles with a high center of gravity that are prone to rollovers
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Vehicles where the fuel tank’s placement made the cars susceptible to explosions in rear-end collisions
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Airbags that deploy with excessive force or shatter on impact, causing serious injuries or fatalities
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Household appliances like space heaters or ovens that pose overheating and/or fire risks
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Medical devices such as joint replacements or pacemakers that fail to perform as advertised
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Children’s toys are designed with small detachable parts that pose choking hazards
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Toxic materials of any kind
Defective Manufacturing
Defective manufacturing refers to a situation where a product departs from its intended design due to an error or flaw that occurs during the production process, making the item unreasonably dangerous or unsafe for consumers. Unlike design defects, which affect an entire product line, manufacturing defects typically impact only certain units that were improperly assembled, contained faulty materials, or were otherwise compromised during manufacturing.
Examples:
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Cars with improperly installed brakes
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Medication bottles containing the wrong pills
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Contaminated food products
Failure to Warn
Failure to warn occurs when a product is sold without adequate instructions or warnings that inform consumers about the correct and safe way to use the product, as well as any potential risks or dangers associated with its use. This type of product defect arises when manufacturers, distributors, or retailers neglect to provide clear, visible, and understandable warnings about hazards that may not be immediately obvious to the user.
Example:
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A cleaning chemical that causes serious burns if it comes into contact with skin, but the packaging fails to include a proper warning or instructions for safe handling.
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A medication that does not include a warning about known risks or side effects on its label, such as failing to inform users of the potential for serious allergic reactions or interactions with other drugs.
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Children’s toys that lack warning labels about hazards like flammability, choking risks from small parts, or the presence of toxic materials, which could lead to injury if parents are not properly informed.
Proving Product Liability
The state of Illinois’s law applies strict liability in cases of product liability, meaning that when a product is defective, there is no need to prove negligence, recklessness, or intent to cause harm, as with personal injury. Instead, the following four elements must be demonstrated:
1) The defendant designed, manufactured, distributed, or sold the defective product.
2) The product was defective when it left the defendant's control.
3) The plaintiff used the defective product in a reasonably foreseeable manner.
4) The plaintiff suffered injury or harm as a direct result of the defective product.
What Is the Statute of Limitations for Product Liability?
The statute of limitations for product liability claims is generally two (2) years from the date of injury. For product liability claims involving property damage, the statute of limitations can be up to five (5) years. Claims cannot be filed more than twelve (12) years after the product's first sale, lease, or delivery by a seller, or ten (10) years after its formal introduction to the consumer.
For questions involving the statute of limitations in Illinois, contact the Jasmer Law Firm: 312-782-6344.
Focus on: Automotive Product Liability
Most people are familiar with the idea that, when a driver is negligent, an injured person can pursue compensation for that negligence through auto insurance claims coverage. Less familiar is the opportunity to pursue significant compensation from negligent auto manufacturers, auto parts suppliers, and even auto repair shops.
At The Jasmer Law Firm , we are skilled at pursuing compensation from all available sources following car accidents and injuries. Firm lawyer David S. Jasmer is an experienced product liability litigator and can investigate and fully handle your defective -product lawsuit following injuries caused by:
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Defective car seats and seat belts
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Tire defects
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Vehicle rollovers
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Defective seat backs
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Vehicle instability
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Airbag defects
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Sudden, unexplained acceleration
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Brake failure
Were you injured in a car accident involving a defective car or car part? Contact The Jasmer Law Firm at 312-782-6344.
Contact the Best Product Liability Lawyers Today for a Free Consultation
The Jasmer Law Firm is a full-service law firm based in Chicago with a team of experienced personal injury and product liability lawyers who are dedicated to holding powerful corporations accountable. At The Jasmer Law Firm, our personal injury and product liability lawyers work tirelessly on behalf of everyday people who have been wronged. We are dedicated to fighting for the little guy, ensuring that victims receive justice and the financial compensation they deserve.
Our firm excels at identifying potential defendants, working with experienced investigators to investigate accident sites, and skillfully manage every step in the litigation process. We have a long track record of taking on cases turned down by other law firms and crafting successful strategies that produced results.
Mr. Jasmer’s family instilled in him from an early age the importance of helping the injured. We typically enjoy strong and caring relationships with our clients that often extend past the conclusion of the case. The Jasmer Law Firm offers free initial consultations about holding auto part manufacturers accountable for injuries caused by its products. We only charge attorney fees when we succeed in getting you compensation.