Call Now Open 24/17

1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 

    Call Now Open 24/7

    Free Consultation

    Product Liability Claim Process in Chicago

    OVER $1 BILLION IN RECOVERIES FOR OUR CLIENTS

    A product liability claim is something that most people are vaguely aware of, on the fringes of their experience. They know that if you’re using a cell phone and it explodes in their hand, they might be able to sue the manufacturer to recover damages, but that’s about the extent of it.

    The truth is, these cases can get pretty complex, and there are a number of approaches that can be taken. Explore the legal theories that can come into play when seeking a product liability claim in Chicago, how they apply, and why having an experienced product liability lawyer is so important.

    Legal Theories of Product Liability

    There is a range of different legal concepts and theories that can play into your product liability claim and can change not only the way you approach your claim but the damages you can recover. These theories include the common strict product liability claim, the claim of negligence, a breach of warranty approach, or a fraud claim.

    Strict Product Liability

    This is the most common claim when it comes to a product-related injury case. This is because it requires the fewest elements to prove, and opens the door to a solid general range of compensatory damages.

    The three elements that have to be demonstrated to back up strict product liability include:

    1. The manufacturer sold a defective product.
    2. The seller or manufacturer knew that the product was unreasonably dangerous before selling, and did not use proper warnings.
    3. This danger caused the injury you suffered.

    Negligence

    Most injury cases involve negligence, but it’s not usually required for product liability. For negligence you have to prove that the defendant in some way owed a duty of care towards you, to produce products that bore no risk when used properly. You must then show that the actions of the defendant violated this duty of care and that this violation is the reason your product failed and you were injured.

    The reason this isn’t usually used in product injury claims is that it’s not necessary to prove the duty of care under strict liability, so it forms an extra burden of proof that isn’t needed.

    Warranty Breach Claims

    Warranty claims can be tricky to prove, especially if there is no existing written warranty. In such cases, you first need to prove that there was an explicit or implied guarantee of the product’s performance and that the product failed to live up to this guarantee (or warranty).

    Fraud Cases

    Fraud is sometimes used as a theory in product liability as it can open the door to punitive damages against the manufacturer. In such a case, you’ll need to prove that the manufacturer in some way deliberately presented the product in a manner they knew to be untrue. This misrepresentation was done in a way so as to get you to buy the product, and you got hurt as a result of the false way the product was represented.

    Get Help from an Injury Lawyer

    A Chicago product liability lawyer is your best bet when pursuing a product injury claim. The manufacturer will likely have armies of experienced attorneys and powerful insurance companies in their corner, and you need someone who can protect your rights. Call Disparti Law for help with your product liability claim and get the best chance for compensation today.

    workers compensation attorneys in dc

    ​Put the power of Larry Disparti and the lawyers at the Disparti Law Group to work for you and join the thousands who say… Larry Wins!

    Featured on

    PRACTICE AREAS

    Car Accident

    Truck Accident

    Motorcycle Accident

    Bicycle accident

    Catastrophic Accident

    Dog bite injury

    Medical Malpractice

    Nursing Home Abuse

    Slip and fall

    Product Liability

    Traumatic Brain Injury

    Uber Accident

    FREE CASE EVALUATION

    Fill out the form below or  call us 24/7 at 312-600-6000

      RECENT POSTS

      Client Review
      "Appreciate all your support, professionalism. Anytime you call your staff is great knowledge take the time listen and always keeps you informed. Thank you to Beth Hitel from all she did and settling the mediation in my favor.. highly reccommend the Disparti group."
      Timothy Ashcraft
      Client Review
      "The services provided were very professional. Adam Shapiro , my attorney, was knowledgeable, honest and extremely helpful. He worked with the other parties to make sure my settlement was the largest payout available. Nicole D .answered my questions for months with quick, knowledgeable answers."
      Joseph Gambina
      Client Review

      Why Hire Us?

      Here's What Our Clients Say

       

      "I love the service they provided. They took time to explain the procedure for my case, then they asked if there was anything else they could do. I appreciate the service and wouldn't trade it for the 🌍. Love my Lawyers. If you want to win try Disparti Law Group."

      - Gwen

       

      "I feel you guys did a great job in handling my case."

      - V. Gentry

       

      "Was a great fit for me and would definitely recommend to family and friends."

      - Christine

       

      "It has been a wonderful experience working with Disparti Law Group. They are highly recommended."

      - John

       

      "Very professional staff, great experience."

      - Lisa

       

      "I have NEVER, and I mean, EVER, had such a great experience dealing with lawyers.... I don't ever want to be in an accident again, but if I am, I'm calling Disparti Law. Fantastic service."

      - Dani

      Best Personal Injury Lawyer in Chicago

      SuperLawyers2010
      SuperLawyers2011
      SuperLawyers2012
      SuperLawyers2014

      CONTACT LARRY

      FREE CASE EVALUATION

      YOU WON'T PAY A PENNY UNTIL LARRY WINS

        TAMPA

        1041 U.S. Highway 19
        Holiday, FL 34691
        727-600-6000

        CHICAGO

        121 W Wacker Drive, Suite 2300
        Chicago, IL 60601
        312-600-6000

        Read more: