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Defective Product Liability
Often, we’re asked, “Who do I sue if a family member or myself have been injured by a defective product?” That can be a very tricky question. In today’s world, where things are often manufactured in other countries such as China or possibly they pass through one, two, or three different distributors – maybe they’re bought on Amazon – all these different factors go into the analysis of who you’re going to sue if you believe you’ve been injured by a defective product. For that reason, it’s important that you talk to a lawyer that has had experience investigating these different corporations and companies that can be responsible for your injuries.
It takes a lot of experience and a lot of background examination and research to be able to correctly identify the right company that would be sued in a product liability case. If you have any questions about an injury you or a family member has suffered because of a defective product, please give us a call. We can answer any questions that you have.
Contacting the Company About the Product That Caused the Injury
Sometimes, when we talk to someone in Illinois about a defective product that they believe hurt them, they will tell us they either spoke to the company – and sometimes either gave a recorded statement to the company about the product – or sometimes they’ll often say they mailed the product back to the company, or the company came to them and picked it up and took it from them. All three of those scenarios are only designed to benefit the company themselves.
If you’re asked to give a recorded statement about a defective product by contacting the company, they are solely interested in trying to make sure that they get recorded that maybe you misused the product, or you didn’t read the manual correctly, or some other thing that caused the product to fail that is not their fault but instead is your fault. For that reason alone, you would not want to contact the company without speaking to an attorney first. We have heard many stories of people sending back the defective product to the company, who promptly never speak to them or claim they never received it. If you still have the product in your possession, before you return it to the company, it would be important to talk to a lawyer and make sure that the evidence is preserved to protect you down the road if you decide to pursue a product liability case.
If you have any questions about a product that may have injured you or a family member, please give us a call. We’ll answer any questions that you have.
Filing a Lawsuit Without Possession of the Product
Sometimes, in Naperville, we will receive a phone call from someone asking, “Can I still bring a case regarding a defective product if I no longer have the product?” While it is always better and more beneficial to the case to maintain the evidence in a product itself, it does not necessarily mean you can’t pursue a case if you don’t have the product. It can be sometimes necessary to purchase an example product, or find a similar product, or to do research throughout the entire country and sometimes the world to find other examples of the same product failing and maybe we’re able to obtain another copy or version or report relating to that product.
All of these things are questions you need to ask any attorney you talk to about a product liability case to see if they have experience handling cases where the product itself is no longer available, even though you believe you’ve been injured by a defective product. If you have any questions, please give us a call. We’d be happy to answer any questions you have.
Time Limits For Product Liability Cases
In Illinois, if you believe you have been injured as the result of a defective product, there are two time periods that you need to be aware of. The first one is, if you were aware or should have been aware at the time that you were injured because of a defective product, you typically have two years from the day that you learned that this was a defective that injured you. If it has been longer than two years, because you didn’t know that the defective product had injured you, there is a ten-year statute of limitations on bringing a case. In other words, if after three to four years you learn that a product has injured you, you could still bring a case, even though it’s past the two-year deadline, as long as it’s within the ten-year statute of limitations.
This kind of analysis is critical to be done by a lawyer that’s handled these kinds of product liability cases before. Depending on how the case is explored and examined can determine whether or not you have a case or one that is going to be limited because of the statute of limitations. You should speak to a lawyer that has handled these types of product liability cases in the past to decide what statute of limitations would apply to your case.
If you have any questions about a potential product liability case, feel free to give us a call. We’d be happy to answer any questions you have.
Have you been seriously harmed and suffered serious injuries and damages because of a defective product in Illinois? Expose businesses for a defective product that caused injuries to you or your loved one and contact our experienced Naperville defective product lawyers today for a free consultation and case evaluation.
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