Peoria Product Liability Lawyer
Were you injured by a dangerous medication or medical device? Our Peoria product liability attorneys at Strong Law Offices can help you sue the product manufacturer and/or other parties whose negligence caused you harm.
With more than 25 years of experience helping victims throughout Illinois, our law firm will help you recover compensation for your medical bills, lost wages, and noneconomic losses like pain and suffering. We’ll also ensure you obtain quality medical treatment, gain access to resources that can assist you during this difficult time, and hold the responsible parties accountable for their negligence.
You don’t have to battle a powerful manufacturer on your own.
- Free Consultations
- Over 25 Years of Experience
- No Fee Unless You Win
Hire the product liability lawyers at Strong Law Offices and get maximum compensation.
What Is Product Liability?
Product liability is the legal responsibility held by manufacturers, distributors, and sellers for defective products that cause harm or injury to consumers. Liability for injuries can arise because of design flaws, manufacturing defects, or inadequate warnings.
What Is a Product Defect?
A product defect is any imperfection or deficiency that makes a product unreasonably dangerous to use for its intended purpose. To determine whether a product is unreasonably dangerous, Illinois typically employs one of the following tests.
- Consumer Expectation Test: The Consumer Expectation Test is based off of the inferred expectation of the average consumer. Under this test, the jury must decide whether the product was more dangerous than a reasonable consumer would expect.
- Risk Utility Test: The Risk Utility Test, on the other hand, considers consumer expectations about the product, as well as the foreseeable risk of harm if the consumer used the product as intended, and whether the dangers outweigh the benefits of using the product.
While the burden of proof lies with the plaintiff to establish that a product was unreasonably dangerous, Illinois does not require the plaintiff to prove that an alternative design, warning, or material, or process would have prevented the injury at a reasonable cost.
Illinois Product Liability Laws
Under Illinois product liability laws, negligence does not necessarily have to have occurred for a lawsuit to be successful. There are three main theories for product liability claims in our state:
- Strict liability (faulty product regardless of fault)
- Negligence (failure to use reasonable care in design, manufacturing, or instructions)
- Breach of warranty (failing to uphold guarantees)
Depending on the type of defect and the stage at which it occurred, one or all parties in the supply and distribution chain may be liable for damages.
If you suffered injuries or your loved one was killed because of a defective product, consult with our product liability lawyers right away to find out more about your legal options.
What You Should Know About Defective Drugs and Medical Devices
Our product liability lawyers in Peoria see countless injury cases involving defective drugs and dangerous medical devices. Drug and medical device companies are responsible for delivering safe products and forewarning about the risks associated with the use of prescription medications and medical devices.
Manufacturer negligence and flaws in the design of medical devices or drugs or the failure to warn users of their dangers can put millions of people at risk of serious and debilitating injuries, including death.
Several types of product liability lawsuits are pending throughout the United States. These include, but are not limited to:
- Transvaginal mesh
- Talcum powder
- Zantac
- Xeljanz
- Valsartan
- Proton pump inhibitor (PPI)
- Risperdal
- Hip replacements
- Hernia mesh
- E-cigarettes
- Elmiron
- Allergan breast implants
- Belviq
- 3M combat arms earplugs
- Baby food containing toxic metal
- Nexium
- Prilosec
- Prevacid (stomach cancer)
- Levaquin (aortic aneurysm and dissection)
- Cipro
- Avelox
- Xarelto
- Januvia
- Victoza
- Taxotere (permanent hair loss)
- Pradaxa
- Onglyza (heart failure)
Should You Hire a Product Liability Lawyer After Exposure to Unsafe Medical Devices or Medications?
If you suffered injuries or your loved one died because of a dangerous medical device or medication, contacting our law firm for free legal advice should be a priority as soon as your condition has stabilized. During your free consultation, we’ll talk about what happened, the injuries you suffered, and how they impact your life. We’ll also answer your questions and discuss your legal options, so you can make an informed decision about whether to hire a product liability lawyer.
Our product liability attorneys will evaluate the following factors when considering whether you should bring a legal claim against a manufacturer, marketing company, retail distributor, wholesale distributor, or others who may be liable for dangerous medical devices or prescription medications:
Our injury attorneys will also consider whether the patient who was prescribed the prescription medication or medical device was adequately, reasonably, and fairly warned of the risks or complications of the use of a particular medication or medical device.
How Our Product Liability Law Firm Investigates a Defective Product Claim
When investigating a medical device claim where a product liability lawsuit may result, a product liability attorney at our injury law firm generally takes the following steps.
- Secure the medical device
- Identify witnesses
- Obtain medical records or any other records leading up to the implantation or use of the medical device
- Collect evidence and record data
- Have the medical device examined by an appropriate expert
- Conduct interviews of relevant persons
- Conduct research on similar adverse events involving the use of the medical device or product
Types of litigation in product liability Lawsuits
Several types of litigation are utilized by product liability attorneys when pursuing medical device or prescription medication litigation.
- Specific litigation in state court
- Specific litigation in federal court
- Multidistrict litigation
- Class action litigation
Oftentimes, prescription drug, medical device, or other defective product litigation involves collaboration with affiliated attorneys. Given the nature of multidistrict litigation and/or class action lawsuits, there may become hundreds or thousands of lawsuits that are combined into one guiding procedural mechanism to guide the ligation. This is often due to the issues of commonality.
The judicial system has worked out various rules of civil procedure to guide the progress of pretrial discovery in trials, including Bellwether trials, to establish issues of commonality and common settlements and/or the use of common settlement portals. Oftentimes, it is necessary for the initiating injury lawyer to collaborate with various lawyers to improve the chances of a successful lawsuit or claim for a medical device or prescription medication.
What Damages Can Be Recovered in a Defective Product, Faulty Medical Device, or Dangerous Prescription Medication Lawsuit?
These damages may be able to be recovered in personal injury lawsuits involving dangerous products, including medical devices and prescriptive medications.
Contact Our Product Liability Lawyers
Please contact the lawyers at Strong Law Offices to schedule a free initial consultation. We have office locations in Peoria, Chicago, Bloomington, and Springfield and represent clients throughout Illinois. Our team is made of, among others, talcum powder lawyers, stryker lawyers, and transvaginal mesh lawyers.
Product Liability And Other Personal Injury Cases Strong Law Offices Handles
Our personal injury lawyers at Strong Law Offices handle a variety of personal injury cases. These include, but are not limited to:
- Mesothelioma
- Amputation injury
- Traumatic brain injury
- Spinal cord injury
- Crush injury
- Knee injury
- Shoulder injury
- Neck and spine injury
- Foot and ankle injury
- Eye injury
- Burn injury
Our experienced workers’ compensation lawyers, medical malpractice lawyers, and car accident lawyers are here to help you recover.