Urbana Defective Products
Urbana Defective Products Attorneys
When you purchase a product online or at the store, you expect it to work as intended. But we know that is not always the case. Sometimes a product just does not work and you return it for a refund or replacement. But in other cases, the product is defective in such a way that it actually injures you or a member of your family. If this happens, you have the right to seek compensation.
Urbana defective products lawyer Baku N. Patel and his team at Patel Law, PC, represent individuals just like you who have suffered physical, emotional, or financial damages. Whether your injury was the result of a poorly designed medical device or a children’s toy that did not contain appropriate safety warnings, we can review your case and assist you in seeking compensation from the responsible parties. Unsafe and dangerous products pose a risk to everyone, not just the victims, and it is therefore critical to hold manufacturers accountable through the legal system.
The Types of Defective Product Cases in Illinois
The key to any defective product claim is proof that the victim’s injuries were the result of a product that was in an “unreasonably dangerous” condition at the time that it left the manufacturer’s control. The victim’s testimony alone cannot establish this. Instead, one or more expert witnesses are typically necessary to help a jury determine whether or not a product was “unreasonably dangerous.”
Illinois law broadly recognizes three types of defective and dangerous product claims:
- Manufacturing Defects – This occurs when there is some “imperfection” or “miscarriage” in the manufacturing process itself. For example, if workers on an assembly line failed to follow the correct design for a product, or there was insufficient quality control, that can lead to a manufacturing defect.
- Design Defects – Sometimes the problem is not how the product was made, but how it was conceived and designed during the development process. A manufacturer is liable when it develops or approves a product design that is unreasonably dangerous. This includes situations where the manufacturer chose a design where the “inherent risk of danger” outweighed its anticipated benefits, or where the danger goes beyond what an “ordinary consumer” would expect.
- Inadequate Warnings and Representation – A product may also be unreasonably dangerous if the manufacturer failed to provide adequate instructions or warning to the consumer. However, a manufacturer does not have to warn consumers about an “obvious and generally appreciated danger.” or a risk that it did not know about (or should not have known about) at the time the product left its control.
How Long do I Have to File a Defective Products Lawsuit?
Urbana residents who are injured by a defective product must act within a certain period of time if they wish to seek compensation from a manufacturer. In Illinois, the statute of limitations for defective product lawsuits is two years based on personal injury, and five years based solely on damage to property. In most cases, the clock on the statute of limitations starts to run on the date of the injury itself. However, there is also what is known as a “statute of repose” in Illinois, which limits the total amount of time that can elapse between the sale of a defective product and a consumer’s injury. Depending on the particular facts of a case, the statute of repose is either 10 years from the date of first sale to the initial consumer of the product, or 12 years from the date of first sale by a seller.
What Compensation can I Seek from the Manufacturer of a Defective Product?
Every defective product case is unique. That said, Urbana residents who can prove their injuries were caused by a manufacturer’s decision to produce an unreasonably dangerous product can seek a variety of damages in court, including but not necessarily limited to the following:
- compensation for past, present, and future medical bills;
- current and anticipated costs of physical therapy or rehabilitation related to your injuries;
- any lost wages if you were forced to miss time from your job;
- the anticipated loss of future wages or career opportunities due to your injuries; and
- non-economic damages to compensate you for your pain, suffering, and mental anguish.
Because there are a number of factors that go into seeking damages from a manufacturer, it is important to consult with an experienced Urbana defective products lawyer as soon as possible following your accident. Contact Patel Law, PC today to schedule a free consultation with a member of our team.