Chicago Product Liability Lawyers

When businesses put profits before the safety and well-being of people, serious injury can occur. Faulty infant equipment and toys, poorly engineered electric appliances and other potentially dangerous products can cause thousands of disabling injuries each year.

Companies have a legal and ethical obligation to ensure that the products they make will not harm the people who use or purchase them. When an accident or injury occurs due to rushing a product to market, cutting corners or ignoring safety concerns, the company who makes, sells or offers the product has a responsibility to provide recovery to the innocent victim or their family.

At Salvi, Schostok & Pritchard P.C., our team of product litigation attorneys is familiar with the physical, emotional and financial damage that a defective product can cause. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.

Recently, Evenflo recalled nearly a half million infant car seats/carriers because of faulty handles. The U.S. Consumer Product Safety Commission reported that more than 150 infants had been hurt falling out of the seats because the handles would release without warning. Our law firm handles product liability cases against manufacturers in circumstances just like these. If you have a question about this particular product recall or other similar cases please do not hesitate to contact us.

When manufacturers know that they face the risk of being sued in a products liability lawsuit, it encourages them to make safer products. An injured consumer who prevails in a products liability claim may receive compensation for medical expenses, lost wages, loss of earning capacity, pain, suffering and mental anguish. A consumer may also seek punitive damages, which seeks to punish and deter those who demonstrate a reckless or wanton disregard for the safety of others.

“I cannot thank this firm enough for all they did for me. I was not expecting the settlement amount they were able to get… I will be forever grateful to this firm.” – Colleen B., 5 out of 5 stars

Product Recalls

At Salvi, Schostok & Pritchard P.C., we frequently hear of product recalls because of safety and design issues in:

3M Defective Earplugs

The dual-ended Combat Arms Earplugs, manufactured by 3M, were sold to the U.S. military from 2003 to 2015 and have been the subject of mass litigation by thousands of U.S. veterans. These earplugs were marketed to block damaging combat sounds like gunfire and explosions while still allowing soldiers to hear normal speech. However, the federal government and veterans have alleged that the earplugs were defectively designed—specifically, they were too short to remain securely in the ear and could slip loose without the wearer noticing. This defect resulted in serious hearing problems for service members, including hearing loss, tinnitus (ringing in the ears), and loss of balance. 3M Company agreed to pay $9.1 million to the federal government to settle claims that the company and its predecessor knew they were selling defective earplugs but did not warn the military.

Defective Airbags and Auto Safety Features

Airbags are crucial vehicle safety devices designed to cushion the impact force of a collision and prevent catastrophic injuries; when they malfunction, occupants are left vulnerable. Defective airbags may fail to deploy, deploy too late or too early, or inflate with improper force, leading to severe injuries. Liability for defective airbags can arise from design defects (a flawed blueprint), manufacturing defects (errors during production, like wrong chemical mixtures or defective wiring), or failure to warn defects (lack of clear instructions or warning about risks). Victims harmed by a defective airbag or other failed safety feature, such as a seatbelt with a malfunctioning locking mechanism, may pursue claims against multiple parties, including the car manufacturers, airbag component suppliers, or even dealerships and repair shops.

General Defective Car Parts

Automotive defects are a common cause of accidents and injuries, responsible for an estimated 44,000 crashes each year. Defects often involve critical vehicle systems such as tires, brakes, and steering columns. For example, defective tires can cause dangerous blowouts, steering components can malfunction due to negligent design of the power steering pump or electrical systems, and braking system malfunctions can involve leaking fluid or brakes that lock unexpectedly. The National Highway Traffic Safety Administration (NHTSA) sets vehicle safety standards and can require manufacturers to recall or repair defective products already sold. Even without a recall, victims injured by defective parts can hold the manufacturer, distributor, or mechanic liable.

Defective Hernia Mesh

Hernia mesh is a medical device used during hernia repair surgery to reinforce damaged tissue. However, numerous surgical mesh products have been subject to manufacturer recalls after patients reported severe post-operative complications. A defectively designed or manufactured hernia mesh can lead to issues such as severe chronic pain, bacterial infections, internal bleeding, nerve damage, bowel obstructions, mesh migration or shrinkage, and organ damage. Recalls have been issued by major manufacturers, including C.R. Bard, Inc., Ethicon, Inc., and Atrium Medical Corp., sometimes due to design defects, manufacturing flaws (like substandard materials), or failure to adequately warn medical professionals and patients about the risks.

Talcum Powder and Cancer Risk

Talcum powder, which is derived from the mineral talc, has been associated with an increased risk of devastating forms of cancer, including ovarian cancer and mesothelioma, when used for personal hygiene. Natural talc contains asbestos, a known carcinogen, and while cosmetic talc is intended to be refined, there is no federal oversight of these purification processes. Lawsuits allege that manufacturers, such as Johnson & Johnson, knew for decades about the link between their product and cancer but intentionally chose not to warn consumers. Victims who develop cancer due to talcum powder use may be entitled to recover compensation for medical bills, lost wages, and pain and suffering.

Depo-Provera and Brain Tumors

The injectable contraceptive Depo-Provera, which contains medroxyprogesterone acetate, has come under legal scrutiny due to its potential link to the development of meningioma, a type of brain tumor. Research has shown an association between the prolonged use of Depo-Provera (specifically, use for more than one or two years) and an increased risk of developing this brain tumor. A national study indicated that Depo-Provera use was linked to a 5.6 times greater risk of intracranial meningioma requiring surgical intervention. Lawsuits against the manufacturer, Pfizer, allege that the company knew or should have known about this decades-long risk but failed to adequately warn users, particularly those seeking long-term contraception.

CAFO Nitrogen Water Contamination

Concentrated Animal Feeding Operations (CAFOs)—which house large numbers of animals like hogs, cows, and poultry—produce waste rich in nitrogen, phosphorus, pathogens, and heavy metals. When CAFO waste is over-applied to cropland or leaks from storage lagoons, excess nutrients and contaminants can wash into nearby water sources, leading to pollution and serious public health risks. This contamination is linked to a range of medical conditions, including Thyroid Disease, Colon/Rectal Cancers, Kidney Disease, and Methemoglobinemia (also known as blue baby syndrome). Although laws often protect farmers from nuisance lawsuits, product liability attorneys are currently investigating injuries related to this nitrogen pollution in affected communities.

Trinity Guardrail (ET-Plus) Defects

The ET-Plus guardrail system, manufactured by Trinity Industries, Inc., has been a focus of litigation and has been banned for future use in Illinois and 43 other states due to a dangerous defect. Concerns center on a design change made in 2005 where the width of the channel behind the railhead was reduced. This change allegedly caused the end terminal to fail to crumple upon impact; instead, it can stay intact and act like a spear, penetrating the front of the vehicle and causing catastrophic injuries or death to occupants. A 2014 jury verdict was returned against Trinity, claiming that the 2005 redesign made the product unsafe and that the company had failed to advise the Federal Highway Administration of the change.

Food Contamination

Restaurants and food producers have a legal duty to ensure that the products they serve customers are safe and will not cause illness. When consumers suffer foodborne illnesses or food poisoning, such as Salmonella, due to an unsafe or contaminated product, the responsible entity may be held liable for the resulting damages. Food contamination, often transmitted via food contaminated with feces, can result from inadequate cleaning or preparation, or improper handling by employees. Salmonella infections, in particular, cause symptoms like fever and abdominal cramps and can, in severe cases, spread to the bloodstream and require hospitalization.

Defective Child Safety Products

Product liability claims frequently involve children’s products because manufacturers and distributors are legally obligated to provide well-designed items that are reasonably safe when used as intended. Defective child safety products may include items with manufacturing flaws, design defects, or inadequate warnings. Examples include flammable clothing or bedding, toys that present choking hazards to infants, or defective juvenile products such as strollers, furniture, and child safety seats. When pursuing a claim for injuries to a child caused by a defective product, it is crucial to preserve the defective product as evidence for expert inspection.

The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property.

Victims injured by faulty products have the right to seek compensation, including economic damages (lost wages or medical expenses), non-economic damages (pain and suffering) and punitive damages (to punish reckless behavior). In addition to the monetary considerations of a favorable verdict, if you win your case you may find solace in the fact that those responsible for your situation will be brought to justice. Moreover, you will contribute to the public safety by making manufacturers accountable for safer and more dependable products.

Illinois Product Liability Laws

You may name several different parties in a product liability lawsuit. In addition to the manufacturer of the dangerous product, you may also name the wholesaler and retailer. This is because all companies in the supply chain owe a duty to consumers to provide a product that is reasonably safe when consumers use it as intended.

According to Illinois product liability laws, for a product liability case, you must establish that:

• The product had an “unreasonably dangerous” defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
• The defect caused your injury even though you were using the product in the way the manufacturer said that it was intended to be used.
• The product that caused damage had not changed “substantially” from its original sales condition.

Contact a Chicago Product Liability Lawyer

A products liability lawsuit may allege several other bases for liability such as negligence or breach of the warranty of fitness. In many cases, a lawsuit may assert numerous different grounds for liability. Our law firm will closely study the facts of your defective products case and explore all legal options available to you.
Should you or a loved one need legal assistance due to injuries from a defective product, contact us for a free, no-obligation, and confidential consultation. We handle cases nationally with offices located in Illinois and Wisconsin.

To learn more about potential dangerous child products please see our Child Safety & Products Liability page.

Product Liability Lawsuit FAQs