Chicago Product Liability Lawyer

Why Trust Malman Law with Your Chicago Product Liability Case?

You have many law firms to choose from in Chicago, so why should you speak with Malman Law about a possible case?

  • Our founder, Steven Malman, has been representing injury clients for over 30 years
  • Our firm is a leading and respected authority on Chicago personal injury law
  • We have a special interest in representing vulnerable clients, including seniors who suffer neglect or abuse
  • Our legal team has handled more than 20,000 personal injury cases involving a wide range of accidents and injuries
  • We represent clients with catastrophic injuries and help them move forward with proper financial support

Malman Law is dedicated to protecting the residents of Chicago, both in personal injury practice and community service. We represent victims of many types of accidents, including traffic crashes, falls, workplace accidents, nursing home abuse, and medical malpractice.

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We’ll fight for the compensation you deserve.

Trusted Chicago Product Liability Lawyer Helping Victims of Defective Products

Whether it’s Monsanto telling consumers that Round-Up is “safer than table salt” or Dow Corning’s leaky silicone breast implants, defective products are a constant assault on Chicago consumers. Did you know Johnson & Johnson used to put asbestos in their talcum powder? If consumers never stood up to fight for their rights, Phillip Morris would still be using cartoons to sell cigarettes to kids. As Chicago product liability attorneys, we help Windy City residents who have been injured by defective products.

You have rights! We want to let the victims of product-related accidents and injuries know that they have every right under the law to receive financial compensation for their loss. Consumers must fight back…and we will help you get the maximum settlement possible. Filing a lawsuit is truly your duty so that our products are forced to be made safer and safer.

Understanding Product Liability

Some products carry inherent dangers. For example, you probably would not be able to sue a knife manufacturer because you accidentally cut yourself with one of their knives. Knives are a weapon, and they are supposed to be sharp and dangerous. The key question to ask is whether you were using the product in a way that the manufacturer meant for the product to be used.

What if I cut myself with a pair of scissors?

If you were using, for instance, scissors like a screwdriver, and they slipped out of your hand and cut you, then you would not have a product liability claim. This is because the manufacturer did not intend for you to use the scissors like a screwdriver. On the other hand, if you are cutting fabric with the scissors, and they come apart because of a defect, which caused you injury, then you have a product liability claim. Basically, a product liability claim will come down to these four elements:

  • You were injured or suffered losses.
  • The product is defective.
  • The defect caused your injury.
  • You were using the product as it was intended.

If you have been injured by a consumer product, it’s important that you seek the advice of a skilled product liability lawyer to help you determine your rights. Our Chicago product liability attorneys have the experience to understand what does and does not constitute a product liability claim.

Product Liability Statistics

The Consumer Product Safety Commission reported that, in one year, there were 35,900 faulty product-related deaths and 38,573,000 faulty product-related injuries. They also report that even as years have passed, household consumer goods continue to be the cause of over 33 million injuries annually. The National Safety Council reported that one in 15 Americans got an injury that required medical attention due to a product in their home.

What is a faulty product? Consumer goods with design, manufacturing, or instructional/warning defects that create a hazard, such as:

  • getting poisoned/consuming a toxin
  • suffocation
  • catching on fire, getting burned
  • drowning
  • getting overheated
  • getting an appendage caught in or hit by the product
  • falling
  • cuts, lacerations, bruises
  • getting electrocuted or shocked
  • choking
  • receiving a puncture wound
  • exposure to a toxin or hazardous chemical

Of these, the top causes of in-home accidents that lead to serious injury and death are: suffocating (especially for children), falling, drowning, burning, and being poisoned.

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Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN
Founding Attorney

Most Dangerous Household Products

Now that you understand the importance of having safe household products, let’s discuss some of the household items most likely to cause injury to you or your loved ones. If these are items you can avoid having in your home, definitely do so.

  • Air fresheners: These products are pure chemicals. The chemicals float through the air of your home (or car) and accumulate in the body over time. The Natural Resources Defense Council reports that these chemicals from air fresheners negatively impact hormones and reproductive organs, particularly in minors.
  • Toilet cleaners: The active ingredients in most toilet cleaners are highly corrosive. Like acid, they burn through toilet bowl grime, but also skin and eyes. Be especially careful not to mix your toilet cleaner with any other cleaners.
  • Mothballs: Mothballs are made from a toxic chemical called naphthalene. Naphthalene is a carcinogen and kills red blood cells.
  • Non-stick pots & pans: Non-stick cookware relies on a carcinogen called polytetrafluoroethylene to work, and this chemical actually releases harmful gasses when it is heated.
  • Gas heaters: Never use a gas heater indoors—the fumes are extremely toxic. You can die suddenly of carbon monoxide poisoning.
  • Extension cords: Improper use of extension cords is the #1 cause of fire in the US. The way most families use extension cords in their homes is the real issue, not so much the extension cords by themselves. Outlets have a limit as to how many volts they can handle. Don’t tuck extension cords under rugs or furniture, which can cause them to overheat. Don’t overload your outlets either.
  • Oven cleaners: Like toilet cleaners, the chemicals in oven cleaners are super corrosive. The highly alkaline ingredients of most oven cleaners can cause serious damage to your gastrointestinal tract if they are consumed or even inhaled.
  • Antibacterial soaps: People so often buy the products on this list because ads lead them to believe the products are safe and helpful. Antibacterial soap today is like doctors saying cigarettes are good for you in the 50s. The antibacterial elements of these soaps contain not one but two highly-dangerous chemicals: triclorcarbon and triclosoan. They also lead to antibiotic-resistant bacteria, which is not just deadly to you personally but to our entire race. Furthermore, neither triclosoan nor triclorcarbon is biodegradable, so it goes down the drain or into the skin and lives forever.
  • Flame retardants: What do you prefer – infertility and birth defects or burning? Toxic flame retardant chemicals are pretty common in older carpets, mattresses, pillows, couches, and fabrics (curtains, pajamas), and they damage your reproductive system.
  • Flea and tick repellants: Again, what do you prefer – for your pet to be itchy or to have nerve damage? Always try natural remedies for getting rid of household pests before resorting to chemicals.
  • Old paint: Lead-based paint was used through the 1970s and causes lead poisoning. If your house has older paint, it’s time to hire professionals to spray newer, safer paint over it. Brush-painting over the lead paint can cause it to expel some of its toxins into the air.
  • Furniture polish/wood stain: Yet another highly flammable household product, these stains and polishes cause skin cancer and contain the toxins phenol and nitrobenzene.

Fire Hazards in Your Home

We touched on this a bit with the extension cords and furniture polish, but a fire in your home risks more than just injuring you and your family—it can do that and destroy your house. You’ll want to check your smoke and carbon monoxide detectors after looking at these numbers:

  • One in eight house fires is caused by an electrical malfunction, short, or another failure (again, such as the extension cord overload)
  • According to Consumer Reports, more than 15 million appliances have been recalled for fire hazards in the past 15 years.
  • The National Fire Protection Association (NFPA) reports that there are 12,720 injuries and 2,560 deaths annually from house fires.
  • Defective electrical products caused over 500 deaths and 1,250 injuries in 2014, according to the NFPA.
  • Consumer Reports also found that more than 35,000 fires over a decade were caused by electrical defects and/or mechanical design flaws in household products.

Stay Informed about Recalled Products

If your car has a part that gets recalled, which is not uncommon, it’s easy for the manufacturer to track you down through the VIN and DMV records. However, if your curling iron has been recalled, the chances of you hearing about it are slim. Some of the most commonly recalled household goods are:

  • Appliances
  • Baby gear
  • Power tools
  • Heaters/air conditioners
  • Powered handheld items (hairdryers, electric can openers)
  • Cleaners/detergents
  • Home fixtures
  • Toys
  • Furniture

Because of this, be sure to check in at least once a year (if not more) on what household items have been recalled. To do that, visit CPSC.gov/Recalls or visit the FDA’s recall page.

Who is Responsible in a Product Liability Lawsuit?

In Illinois, an injured person can sue anyone in the product’s chain of distribution. This can include:

  • The product manufacturer
  • A manufacturer of component parts
  • A party that assembles or installs the product
  • A wholesaler or retailer

Product liability lawsuits can be quite complex. The product liability attorneys at Malman Law have the experience, skills, and resources to navigate the complexities of these types of lawsuits.

Someone Told Me my Claim was Frivolous, But I’m Really Hurt. What Should I Do?

Product liability claims are no laughing matter. Every day, people are seriously injured—and sometimes killed—by products that they use on a daily basis. It is critical to understand your rights under the law. You may be compensated for pain and suffering, medical bills, lost wages, and more. Our dedicated products liability lawyers at Malman Law enlist top field experts to assess the extent of your case, and we have a proven track record of success in evaluating complex product liability claims.

While some people may scoff at products liability lawsuits, the fact of the matter is that the manufacturers, wholesalers, and retailers of consumer products have a responsibility to make sure that the products that they sell are safe for people to use. If a person is injured or killed by using an unsafe product, the one who made that product available to him or her must be held responsible. Holding those companies and individuals responsible for their products makes the world a safer place.

Who Can I Trust to Help Get Me the Recovery I Deserve?

Our goal at Malman Law is to provide competent, thorough representation to people injured by defective or unsafe products to obtain the maximum recovery possible. Our product liability attorneys will skillfully navigate the complexities of your particular case and guide you through the process.

Fighting For Defective Product Victims

Chicago’s Trusted Product Liability Lawyer

We are a local Chicago firm that believes that those who introduce dangerous products to the public must be held accountable for their actions. If a defective product has injured you, you owe it to yourself to find a competent and dedicated lawyer to represent your interests. Thousands of others have trusted us with their product liability cases. Let’s talk about how we can earn your trust. Call or email us to schedule a free consultation, or visit our conveniently located offices in the Chicago Loop.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

FAQs for Chicago Product Liability Accidents

What if I get hurt because of a dangerous product?

If you sustain an injury due to an unsafe product, you may be wondering what your rights are and what steps you can take. In Chicago, product liability law holds manufacturers responsible for injuries caused by their defective products. This means that if you have been harmed due to a product defect, you may be entitled to compensation. It is crucial to consult with experienced Chicago product liability lawyers who can assess your rights.

Does it matter if a manufacturer warned (or didn’t warn) me about the risks of a product?

Yes, it does matter if a manufacturer warned or failed to warn you about the risks associated with their product. Manufacturers have a responsibility to provide clear and adequate warnings about any potential dangers that their products may present. If a manufacturer fails to do so, they can be held liable for any injuries or harm caused by their product. On the other hand, if the manufacturer provided sufficient warnings and you were fully informed about the risks, it may affect the strength of your case.

What do I need to prove to hold a manufacturer responsible for a dangerous product?

To hold a manufacturer responsible for a dangerous product, you need to prove the following elements:

  • Defective Product: You must demonstrate that the product was defective in some way, either due to its design, manufacturing process, or inadequate warnings.
  • Injury or Harm: You need to show that you suffered an injury or harm as a direct result of using the defective product, such as a concussion or a spinal injury.
  • Causation: You must establish a causal link between the defect and your injury, proving that it was the defect that caused your harm.
  • Failure to Warn: If the manufacturer failed to provide sufficient warnings or instructions about the risks associated with their product, you can hold them liable for any resulting injuries.

Proving these elements can be complicated, and it is important to work with experienced Chicago product liability lawyers who have the knowledge and resources to build a strong case on your behalf.

What can I expect if I make a product liability claim?

When you make a product liability claim, you can expect the following:

  • Filing an insurance claim against the manufacturer
  • Having your Chicago product liability lawyer negotiate for a fair settlement
  • Filing a lawsuit if the insurer will not make a favorable offer

Should my product liability case be settled?

Whether or not your product liability case should be settled depends on the specific circumstances of your case. Consult with experienced Chicago product liability lawyers who can evaluate the strength of your case and advise you on the best course of action.
In some instances, a settlement may be beneficial as it can provide timely compensation and avoid the uncertainties and costs of a trial. However, if the manufacturer refuses to offer a fair settlement, taking your case to court may be necessary to ensure you receive the compensation you deserve.

How can a lawyer help me in a product liability case?

A lawyer experienced in product liability cases can provide invaluable assistance throughout your claim process. They can:

  • Investigate: Your attorney will thoroughly investigate the product and the circumstances surrounding your injury to gather evidence to support your claim.
  • Handle the Legal Process: Product liability cases can be challenging, involving legal intricacies and strict timelines. Your attorney will guide you through the entire process, ensuring compliance with all necessary legal requirements.
  • Build a Strong Case: Your lawyer will use their knowledge and resources to build a strong case on your behalf, gathering expert opinions and leveraging their expertise to establish liability.
  • Negotiate: Your attorney will engage in negotiations with the manufacturer or their insurance company to seek a fair and just settlement that compensates you for your injuries and damages.
  • Litigate: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court and advocate for your rights in front of a judge and jury.

By working with experienced Chicago product liability lawyers, you can level the playing field against powerful manufacturers and increase your chances of obtaining fair compensation for your injuries.