Springfield Product Liability Attorneys
Sangamon County Law Firm Fighting for Victims of Defective Products
Defective products pose significant dangers to consumers, often resulting in severe injuries, financial losses, or even fatalities. These products can range from faulty electronics that can cause fires to defective automotive parts that lead to or worsen serious accidents. Product liability laws are in place to hold manufacturers, distributors, and retailers accountable for ensuring the safety and reliability of their goods.
At Haxel Law, we aim to help hold negligent manufacturers, distributors, and retailers accountable for dangerous products. Our experienced attorneys can help you pursue a product liability claim if you suffer injuries due to a product defect. We can work to secure the compensation you need to cover medical bills, lost income, pain and suffering, and other losses.
Our Springfield product liability lawyers can review your case and walk you through your legal options in a free consultation. Call (217) 215-4166 or contact us online to schedule an appointment today.
Types of Product Defects
Product liability generally falls into three primary categories: design defects, manufacturing defects, and marketing defects. Each type addresses different aspects of how a product may become harmful to consumers and outlines specific grounds upon which victims can base their legal claims.
Design defects arise when a flaw in the initial product design renders it inherently unsafe, even if manufactured correctly. Such defects indicate that there is an error or oversight within the product's design specifications that impacts every unit produced. For example, an electric kettle that lacks an automatic shut-off feature might be dangerously prone to overheating. Victims of design defects must demonstrate that a safer, economically feasible alternative design was possible and would have prevented the injury. Typically, these cases require substantial evidence, including expert testimonies, to prove that the risk was significant and that the proposed alternative design could have mitigated this risk.
Manufacturing defects, on the other hand, occur during the construction or production process, resulting in a product that deviates from its intended design and becomes dangerous. These defects are often attributed to poor quality control, human error, or faulty machinery. Unlike design defects, manufacturing defects do not affect every unit but rather a particular batch or series of products. An example might be a batch of sunglasses that lack UV protection due to a manufacturing error. In these cases, victims must typically establish that the product was flawed when it left the manufacturer and that this flaw caused their injuries.
Marketing defects, also known as a “failure to warn” or inadequate instructions, relate to safety warnings or instructions regarding proper product use. Even if a product is well-designed and properly manufactured, it can still be considered defective if it includes inadequate labels or instructions that mislead the consumer about potential risks. For example, a pharmaceutical product might be deemed defective if it lacks clear warnings about possible side effects or known drug interactions. In such cases, liability often hinges on whether the manufacturer knew or should have known about the risk and whether adequate warning could have reduced the likelihood of injury.
Determining whether you have a strong product liability claim and recovering compensation for damages generally hinges on a thorough investigation. Our product liability attorneys in Springfield, IL, know what to look for when investigating complex situations. Our team at Haxel Law can evaluate the circumstances of your injuries and advise whether you have a case.
Who Is Liable for a Defective Product?
Determining liability for a defective product that causes injuries is a complex issue that involves multiple parties within the supply chain. In product liability law, several parties may be held accountable, including manufacturers, distributors, and retailers. The primary responsibility typically lies with the manufacturer, as they design and produce the products. If the fault lies in the design, production, or testing of the product, the manufacturer could be directly liable for any harm caused.
However, liability can extend beyond the manufacturer to include other entities in the distribution chain. Distributors, wholesalers, or even component part manufacturers can be held responsible if it is shown that the defect occurred while the product was under their control or if they contributed to the defect. Retailers – who sell the product directly to consumers – may also face liability.
In Illinois, you do not have to prove that any part of the supply chain acted negligently in their handling of a defective product. You can recover compensation through a product liability claim if you can establish that the product was unreasonably dangerous due to a defect that was present when the product left the control of the defendant and that this defect caused your injuries.
Common Products That Have Issues
While any product can potentially become defective, certain categories are more frequently associated with defects. This can be due to their complexity in design, manufacturing challenges, or the inherent dangers they present. Categories of products that commonly encounter defect-related issues include:
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Automotive PartsDefective airbags, malfunctioning brake systems, and faulty ignition switches are some of the recurring issues that can put drivers and passengers at risk. These defects often result from component failure, poor design, or inadequate testing before vehicles hit the market. Given the safety-critical nature of these components, even minor defects can escalate into serious accidents or fatalities.
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PharmaceuticalsPrescription and over-the-counter medications can have defects relating to their formulation, labeling, or packaging. Issues might include contamination, incorrect dosages, or undisclosed side effects that can adversely affect patient health. Pharmaceuticals are highly regulated, but dangerous errors can and do happen.
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Consumer ElectronicsWith rapid advancements in technology, consumer electronics like smartphones, laptops, and wearable gadgets are increasingly complicated. Defects in these products can include overheating batteries or hardware malfunctions. These issues not only affect product performance but can lead to safety hazards like fires.
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Children’s ToysToys often face recalls due to choking hazards, toxic materials, or small parts breaking off. These defects can be particularly dangerous given the age and vulnerability of the user demographic.
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Home AppliancesEssential everyday items, such as kitchen appliances, heaters, and electrical tools, can be prone to various defects. These can include electrical malfunctions, mechanical failures, or ineffective safety features, posing risks like fires, electric shocks, or physical injury.
Common Defective Product Injuries
Defective products have the potential to inflict a range of injuries on unsuspecting consumers. These injuries can vary in severity, from minor inconveniences to life-altering harm or even fatalities.
Common injuries linked to defective products include:
- Burn injuries. When a product ignites unexpectedly, it can result in fires that cause severe burns or damage to property. Poor insulation, wiring errors, or design flaws can lead to these dangerous incidents. Victims of such injuries often require extensive medical treatment, including surgeries and rehabilitation.
- Cuts and lacerations. Sharp edges, faulty construction, or breakable parts can cause lacerations and cuts. Children’s toys, kitchen gadgets, and power tools are among the products that may pose such risks. These injuries might result from parts snapping off or improper assembly. Even seemingly minor cuts can lead to infections or require medical intervention.
Understanding Product Liability Claims and Compensation in Illinois
Compensation for Defective Product Injuries in Illinois
In Illinois, individuals who suffer injuries due to defective products may pursue various types of compensation through a product liability claim. The compensation aims to cover the physical, emotional, and financial losses incurred.
Our product liability lawyers in Springfield, IL, can fight to get you full and fair compensation for all losses linked to your injuries, including:
- Medical expenses
- Lost income
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Loss of consortium
Statute of Limitations for Defective Product Claims in Illinois
In general, Illinois imposes a two-year statute of limitations for product liability claims. This two-year period begins from the date you were injured or the date you discovered or should have reasonably discovered your injury.
Additionally, Illinois has a statute of repose, which enforces a long-term bar on filing claims beyond a certain point. Specifically, the statute of repose for product liability lawsuits is set at ten years from the date the product was first sold or delivered by the defendant. This means that no matter when you were injured or discovered your injury, you cannot bring a claim after this ten-year period.
If you were injured by a defective product, do not wait to get legal advice! Call (217) 215-4166 or contact us online today.
Hear From Our Happy Clients
At Haxel Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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When I got injured, I knew I was going to be out of work. I knew I was going to be struggling with my family. I was really worried about the direction my life had turned towards. If I hadn't contacted Martin Haxel. I would still be fighting to get what I deserved. What was owed to me. Mr. Haxel however, stayed with me. He told me the truth. He didn't lie, or manipulate anything. He was honest and informative. He was the hope I didn't have at that time. He struggled with me to get all of it resolved. He did it with integrity, honesty, and a sincere understanding of what I was going through. To anyone considering having Mr. Haxel represent them in similar situations...I would say, you couldn't pick a better person. He's a great lawyer. He does great work. He's a nice person with a lot of experience in this field. If there's anyone you can turn to when no one will listen or even attempt to help you do what is right...Mr. Haxel is the one. I can't say enough good things about him. Now that my case is settled thanks to his work, I'm going to miss having someone having my back. He's a good man and I hope he feels good about what he's done when he lays down to sleep and reflects on his days, weeks, months, and years. People like him, give people hope, and faith that there are good people still roaming around this crazy thing called life. Martin, thank you. You're a beast.- Chris Y.
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Attorney Martin Haxel fought long and hard for a fair and just settlement. I recommend Haxel Law for your Work Comp case.- Karyn S.
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I was referred to Martin by my original attorney. My original attorney didn't want to spend the time and money to represent me because my case was going to be difficult, time-consuming, and against the City of Champaign. I am so glad that Martin was willing to take my case and see it through. If you have a "hidden injury" like me or even an obvious injury Martin will handle it very professionally and give it the attention that you deserve.- John M.
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I strongly recommend Haxel Law Firm to everyone. In fact, he has now taken on my fiance as a client. Thanks Marty for what you did for me!- David S.
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His assistant was very pleasant and helpful as well. If he wasn't available when I called and left a message he was always prompt to respond to my messages and emails. I would highly recommend him to anyone who can use his skills!- David N.
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I had a life-changing experience 4 years ago. Mr Haxel continually worked with the insurance company to settle the workman comp claim. Mr. Haxel was always available to call if you had any concerns and was always willing to listen to you.- Marvin S.
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He kept in communication and made the process as stress-free as possible. Hopefully I never need a personal injury attorney again, but if I do, I wouldn't hesitate to hire Marty.- Kristi D.
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Very responsive and patient answering all my questions. I hope to never be in a situation of needing a lawyer again, but if I did, I would 100% contact Martin again.- Jim P.
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Marty Haxel provided exceptional help with a complex work men's comp case, made our part seem small. Would refer him to anyone that needs help fighting the big guys!- David E.