Southern Illinois Product Liability Attorneys
Hurt by a Defective Product? We Fight Manufacturers for Maximum Compensation!
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Defective Product Attorneys in Southern Illinois
Every day, families across Southern Illinois trust the products they buy. You expect your car’s brakes to hold, your child’s car seat to protect, and the medicine in your cabinet to be safe. When a company cuts corners and a product fails, the injuries can change your life in an instant. Our Southern Illinois product liability lawyers hold manufacturers, distributors, and sellers responsible when a dangerous product hurts someone in Illinois.
These cases are different from an ordinary injury claim. You are often up against a national corporation with a team of lawyers whose job is to pay you as little as possible. At Olson & Reeves, we level the field. We investigate how the product was designed, built, and sold, we bring in the right experts, and we build a case that stands up in court. If you or someone you love was hurt by a defective product, reach out today for a completely free case evaluation.
What Is Product Liability?
Product liability is the area of law that holds the makers and sellers of a product responsible when that product is unreasonably dangerous and causes injury. In Illinois, you usually do not have to prove the company was careless. Under the rule of strict liability, you only have to prove the product was defective, that the defect was there when it left the company’s hands, and that it caused your injury.
Illinois adopted strict liability for defective products in Suvada v. White Motor Co., 32 Ill. 2d 612 (1965), following Section 402A of the Restatement (Second) of Torts. That was a major shift in the law. Instead of forcing an injured person to uncover exactly what went wrong inside a factory, the law lets you focus on the product itself. A claim can also be brought for ordinary negligence or for breach of warranty, and a skilled attorney will often pursue more than one theory at the same time.
The Three Types of Product Defects
Nearly every defective product claim comes down to one of three kinds of defects. Knowing which one fits your case shapes the evidence you need and who can be held responsible.
| Type of Defect | What It Means | Example |
|---|---|---|
| Manufacturing Defect | An error during production makes one item dangerous even though the design was safe | A vehicle that leaves the plant with a cracked axle |
| Design Defect | The product is dangerous by design, so every unit carries the same risk | A space heater built to tip over and ignite too easily |
| Failure to Warn | The product lacks adequate warnings or instructions about a known danger | A medication sold without warning of a dangerous interaction |
Manufacturing Defects
A manufacturing defect happens when something goes wrong as the product is being built. The design is fine, but a mistake on the assembly line, a bad batch of materials, or poor quality control makes a specific unit dangerous. Think of a single tire built with a weak seam, a contaminated bottle of medicine, or a power tool missing a screw that holds a guard in place. Because only some units are affected, these cases often turn on inspection of the exact product that hurt you, which is one reason it is so important not to throw it away.
Design Defects
A design defect is more serious because it affects every single unit ever made. The product was built exactly as intended, but the plan itself is unreasonably dangerous. A vehicle that rolls over too easily, a piece of machinery with no safety guard, or a children’s product that poses a hidden choking hazard can all be design defects. In Illinois, a design can be proven defective in one of two ways, and we explain both below. These cases usually require engineering experts who can show a safer, practical design was available.
Failure to Warn (Marketing Defects)
Sometimes the product is built and designed correctly but still dangerous unless the user is warned. A manufacturer has a duty to warn about hidden risks it knows or should know about, and to provide clear instructions for safe use. A failure-to-warn claim might involve a drug that does not disclose a serious side effect, a chemical with no instructions about toxic fumes, or a tool sold without warning about a known hazard. Illinois generally measures this duty by what the manufacturer knew at the time of sale.
How a Defective Product Case Is Proven in Illinois
To win a strict liability claim in Illinois, you must prove three things: the product had a condition that made it unreasonably dangerous, that condition existed when the product left the maker’s control, and that condition caused your injury. You do not have to prove the company was negligent, only that the product was defective.
These three elements come from Mikolajczyk v. Ford Motor Co., 231 Ill. 2d 516 (2008). When the claim is a design defect, Illinois lets you prove the product was unreasonably dangerous in either of two ways. The chart below breaks them down.
| Test | The Question It Asks | Often Used For |
|---|---|---|
| Consumer-Expectation Test | Did the product fail to perform as safely as an ordinary person would expect when used as intended? | Everyday products a juror already understands |
| Risk-Utility Test | Do the benefits of the design outweigh its dangers, considering whether a safer design was feasible? | Complex products that need expert proof |
Under Mikolajczyk, if the evidence at trial supports a risk-utility analysis, the jury must be instructed on it, and where the two tests point in different directions the risk-utility test controls. A claim can also be built on negligence or on breach of an express or implied warranty. Choosing the right combination of theories is part of what an experienced product liability attorney does for you.
Common Types of Defective Products We Handle
Almost any product can be defective, from the car in your driveway to the equipment you run for a living. Below are the categories we see most often across Southern Illinois.
Defective Auto Parts & Vehicles
Defective vehicle components cause some of the most serious injuries we see. Failed brakes, tires that blow out, airbags that do not deploy or deploy with too much force, seat backs that collapse in a rear-end crash, fuel systems that catch fire, and faulty accelerators or ignition systems can turn a survivable accident into a deadly one. The National Highway Traffic Safety Administration (NHTSA) tracks vehicle recalls, but you do not need a recall to bring a claim.
Defective Medical Devices
When a medical device fails, the patient often needs more surgery just to fix the damage. Hip and knee implants, hernia mesh, IVC filters, surgical staplers, defibrillators, and CPAP machines have all been linked to serious injuries. The U.S. Food and Drug Administration (FDA) regulates these devices and posts recalls and safety alerts. If a device caused you harm, you may have a claim against the manufacturer.
Dangerous Drugs & Pharmaceuticals
Prescription and over-the-counter drugs can be defective when they are contaminated in production, when they carry a hidden danger the maker failed to warn about, or when a known risk was downplayed. These cases can involve dangerous side effects, harmful drug interactions, or contamination. Drug cases are highly technical and often tie into nationwide litigation, so it is important to speak with an attorney who can act quickly to protect your rights.
Household & Consumer Products
The U.S. Consumer Product Safety Commission (CPSC) recalls thousands of consumer products every year. Pressure cookers that explode, lithium-ion batteries that catch fire, space heaters and appliances that start house fires, and power tools with missing guards can all cause severe burns and other injuries. If a product in your home failed and hurt someone, you may be entitled to compensation.
Industrial Machinery & Equipment
Southern Illinois runs on manufacturing, mining, and skilled trades, and the equipment workers depend on is not always safe. Presses, conveyors, saws, scaffolding, and heavy machinery with missing guards, defective safety switches, or poor warnings cause crushing injuries, amputations, and worse. If you were hurt by a defective machine on the job, you may have a claim against the equipment maker that is completely separate from workers’ compensation. We explain that below.
Children’s Products & Toys
Few things are more frightening than a product meant for a child causing harm. Cribs, inclined sleepers, strollers, car seats, and toys have all been recalled over suffocation, strangulation, choking, and tip-over dangers. Children’s products are held to high safety standards, and a manufacturer that puts a dangerous design or a hidden hazard on the shelf can be held responsible when a child is hurt.
Farm & Agricultural Equipment
Agriculture is part of daily life across our region, and farm equipment can be unforgiving when it is poorly designed. Grain augers and grain bins, power take-off (PTO) shafts, tractors prone to rollover, balers, and ATVs cause entanglement, amputation, and crushing injuries every year. When a guard, shield, or safety device was missing or defective, the manufacturer may be liable for the harm that follows.
Common Injuries from a Defective Product
Defective products can cause nearly any kind of injury, from minor to catastrophic. The injuries we see most often include severe burns from fires and explosions, amputations and crush injuries from machinery, traumatic brain injuries, spinal cord injuries and paralysis, internal injuries from failed medical devices, organ damage and illness from dangerous drugs, and, in the worst cases, wrongful death. The more serious and lasting the injury, the more important it is to fully document the harm and its long-term cost.
Where We Handle Product Liability Cases in Southern Illinois
We represent injured people throughout Southern Illinois and across the entire state. Our home base is in Mt. Vernon, in Jefferson County, and we regularly handle cases in the counties below.
| Alexander County | Bond County |
| Clark County | Clay County |
| Clinton County | Coles County |
| Crawford County | Edwards County |
| Effingham County | Fayette County |
| Franklin County | Gallatin County |
| Hamilton County | Hardin County |
| Jackson County | Jasper County |
| Jefferson County | Jersey County |
| Johnson County | Lawrence County |
| Madison County | Marion County |
| Massac County | Montgomery County |
| Perry County | Pope County |
| Pulaski County | Randolph County |
| Richland County | Saline County |
| Shelby County | St. Clair County |
| Union County | Wabash County |
| Washington County | Wayne County |
| White County | Williamson County |
Who Can Be Held Responsible for a Defective Product?
In Illinois, anyone in the chain that put a defective product into your hands can be held strictly liable, including the manufacturer, the distributor, and the retailer that sold it. That means you can often sue the store or supplier, not just the company that built the product.
There is an important limit. Under the Distributor’s Statute, 735 ILCS 5/2-621, a seller that did not make the product can usually be dismissed from a strict liability claim once it files an affidavit correctly identifying the manufacturer. The dismissal does not apply, though, if the seller had a hand in the problem, for example by exercising significant control over the design or manufacture, by having actual knowledge of the defect, or by creating the defect. And if the manufacturer cannot be sued in Illinois or cannot pay a judgment, the dismissed seller can be brought back into the case. This is exactly the kind of issue where having a lawyer who knows the statute matters.
Product Recalls and Your Right to Sue
You do not need a recall to file a product liability claim, and a recall does not automatically win your case. A recall can be helpful evidence that a product was dangerous, but your right to compensation depends on proving the defect caused your injury, not on whether the government or the company issued a recall.
Federal agencies issue recalls when a product is found to be dangerous. The CPSC handles most consumer goods, the FDA covers drugs and medical devices, and NHTSA covers vehicles and car parts. If you were hurt by a product that was never recalled, you may still have a strong claim. If your product was recalled, save the recall notice along with the product.
Illinois Deadlines: Statute of Limitations & Statute of Repose
In Illinois, you generally have two years from the date of injury to file a product liability lawsuit. A separate deadline, the statute of repose, sets an absolute outer limit tied to the product’s age: ten years from the date the product was first delivered to its initial user, or twelve years from its first sale by a seller, whichever comes first.
The two-year limitations period for personal injury comes from 735 ILCS 5/13-202. The product liability statute of repose and a discovery rule are found in 735 ILCS 5/13-213. Under the discovery rule, if an injury is not obvious right away, you may file within two years of when you knew or reasonably should have known of the injury, but in no event more than eight years after it occurred. These deadlines are strict, and missing one usually ends your case for good, so it is always best to call as early as possible.
| Deadline | When the Clock Starts | The Window |
|---|---|---|
| Statute of Limitations | Date of injury, or when you reasonably discovered it | 2 years (discovery rule capped at 8 years from injury) |
| Statute of Repose | Date the product was first sold or delivered | 10 years to first user / 12 years from first sale, whichever is earlier |
Defective Products and Injuries on the Job
If a defective machine or tool hurt you at work, you may have two separate claims: a workers’ compensation claim against your employer, and a product liability claim against the company that made the equipment. The product claim is filed against a third party, so it can recover money that workers’ comp does not, including pain and suffering.
Workers’ compensation is a no-fault system. It pays medical bills and a portion of lost wages, but it does not pay for pain and suffering, and you generally cannot sue your employer. A defective product claim is different. It is brought against the equipment manufacturer or seller, and it lets you recover the full range of damages the law allows. For workers in our region’s factories, farms, and trades, this third-party claim is often the only path to full compensation.
| Workers’ Comp Claim | Product Liability Claim | |
|---|---|---|
| Filed against | Your employer’s insurer | The product’s maker or seller |
| Must you prove fault? | No (no-fault) | Yes (the defect caused the injury) |
| Pain & suffering? | No | ✓ Yes |
Compensation You Can Recover After a Defective Product Injury
Illinois law divides the money you can recover into two main categories. Economic damages cover actual financial losses, and non-economic damages cover the human cost of the injury. Depending on your case, you may be able to recover compensation for:
- Medical bills, both past and future
- Lost wages and lost future earning ability
- Pain and suffering
- Disfigurement and scarring
- Loss of a normal life
- Loss of companionship or consortium
- Wrongful death losses for a surviving family
Illinois also allows punitive damages in cases where a company’s conduct was especially reckless or egregious. These damages are meant to punish the wrongdoer, not just to repay the victim. As of August 11, 2023, a change in Illinois law (740 ILCS 180/1) allows surviving family members to seek punitive damages in wrongful death and survival cases, which can apply when a defective product kills someone. Punitive damages are not available in every case and remain off-limits in medical and legal malpractice claims and in claims against the government.
What If I Was Partly at Fault?
You can still recover money in Illinois even if you were partly at fault, as long as you were not more than 50% responsible. Your compensation is reduced by your share of the blame. If you are found more than 50% at fault, Illinois law bars you from recovering anything.
This rule is called modified comparative negligence, and it is codified at 735 ILCS 5/2-1116. For example, if a jury decides your damages are $200,000 but finds you 20% at fault, you would recover $160,000. Manufacturers often argue that the injured person misused the product or ignored a warning in order to shift blame. An experienced attorney knows how to answer those arguments and protect the value of your claim.
What to Do After a Defective Product Injury
The steps you take right after a defective product injury can make or break your case. If you are able, protect yourself and your claim by doing the following:
- Get medical care immediately. Your health comes first, and your records also document the injury.
- Keep the product. Do not repair, alter, or throw away the product or its parts. It is the single most important piece of evidence in your case.
- Save everything related to it. Hold onto the packaging, manuals, receipts, and any recall notices.
- Take photos. Photograph the product, your injuries, and the scene before anything is cleaned up or moved.
- Write down what happened. Note how you were using the product and what went wrong while it is fresh in your memory.
- Do not give a recorded statement. Speak with a lawyer before talking to the manufacturer or its insurer.
- Call a product liability attorney. The sooner we get involved, the better we can preserve evidence and build your case.
Do I Need a Product Liability Lawyer?
Product liability cases are among the most complex injury claims there are. They often require engineering or medical experts, detailed analysis of how a product was designed and built, and a fight against a corporation that has handled hundreds of these claims before. The other side will have skilled lawyers working to limit what it pays. Going it alone against that kind of opponent rarely ends well.
A lawyer who handles these cases knows how to preserve the product, find the right experts, identify every responsible party, and value your claim fully. Because almost every product liability attorney offers a free first consultation, there is no cost or risk to simply finding out where you stand.
How Much Does a Southern Illinois Product Liability Lawyer Cost?
We handle product liability cases on a contingency fee basis. That means you pay no attorney fee up front and no fee at all unless we recover money for you. Our fee comes out of the settlement or verdict at the end of the case. If we do not win, you owe us nothing for our time.
Product cases also involve costs such as expert witnesses, product testing, filing fees, and depositions. We front those costs so you do not have to, and they are repaid out of the recovery at the end. This setup means anyone can afford strong legal representation, no matter how powerful the company on the other side.
Why Choose Olson & Reeves as Your Southern Illinois Product Liability Lawyers?
- We Take On Big Manufacturers – Product cases mean fighting national corporations and their insurers. We are not afraid to take them on and take them to trial.
- No Fee Unless We Win – You pay nothing up front, and you owe no attorney fee unless we recover compensation for you.
- You Work Directly With Our Firm – When you hire Olson & Reeves, you deal directly with our office and get your questions answered, not lost in a call center.
- Local Knowledge, Statewide Reach – We know the courts and communities of Southern Illinois, and we handle cases across the entire state.
Still Not Sure? Listen To Former Clients!
- Matthew W. – “This firm is highly recommended!! They are professional, efficient, and polite! The firm keeps you updated step by step and explains the process clearly!!”
- Heather M. – “They are amazing! I contacted them and they responded immediately! Kept me updated through the whole process! I will always recommend them and use them in the future!”
- Johnnie T. – “They were honest with us from the start and really gave us every option they could think of. They took their time and really listened to the whole story. I would highly recommend them!”
- Chad H. – “Best results that I ever had from an attorney! Highly Recommend!”
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Mt. Vernon Office
Olson & Reeves, Attorneys at Law
1015 Broadway
Mt. Vernon, IL 62864
Phone: (618) 316-7322
Centralia Office
Olson & Reeves, Attorneys at Law
217 S Locust St
Centralia, IL 62801
Product Liability FAQ
What is product liability in Illinois?
Product liability is the law that holds manufacturers, distributors, and sellers responsible when a defective product injures someone. In Illinois, most claims are based on strict liability, which means you do not have to prove the company was careless. You only have to prove the product was unreasonably dangerous and that it caused your injury.
A defect can be in the way a product was made, the way it was designed, or in a failure to warn about a known danger. You may also have a claim for negligence or breach of warranty, and an attorney will often pursue more than one theory at once.
How long do I have to file a product liability claim in Illinois?
In Illinois, you generally have two years from the date of injury to file a product liability lawsuit under 735 ILCS 5/13-202. If the injury was not obvious at first, the discovery rule may let you file within two years of when you knew or should have known about it, but no later than eight years after the injury occurred.
Because these deadlines are strict and a separate statute of repose may also apply, the safest course is to speak with an attorney as soon as you suspect a product caused your injury.
What if the product that hurt me is more than 12 years old?
Illinois has a statute of repose that can bar a product liability claim based on the product’s age, separate from the injury date. Under 735 ILCS 5/13-213, a strict liability claim must be brought within ten years of the product’s first delivery to its initial user, or twelve years from its first sale by a seller, whichever expires first.
There are exceptions, including for products covered by a longer written warranty and for products that were significantly altered. Whether the repose period bars your case is a legal question worth reviewing with an attorney before you assume it is too late.
Do I have to prove the manufacturer was negligent?
No. Most Illinois product liability claims are based on strict liability, not negligence. You do not have to show the company was careless. You only have to prove the product had a condition that made it unreasonably dangerous, that the condition existed when the product left the company’s control, and that it caused your injury.
This rule, which Illinois adopted in Suvada v. White Motor Co. and refined in Mikolajczyk v. Ford Motor Co., shifts the focus to the product itself rather than what happened inside the factory.
Can I sue the store or seller, not just the manufacturer?
Yes. In Illinois, every business in the chain of distribution, including the retailer and distributor, can be held strictly liable for a defective product. However, under 735 ILCS 5/2-621, a non-manufacturing seller can usually be dismissed once it identifies the actual manufacturer in a sworn affidavit.
That dismissal does not apply if the seller helped control the design, knew about the defect, or created it. And if the manufacturer cannot be sued in Illinois or cannot pay a judgment, the seller can be brought back into the case. This is why naming the right defendants early matters.
Does the product have to be recalled for me to sue?
No. A recall is not required to file a product liability claim, and a recall by itself does not win your case. Your right to compensation depends on proving the product was defective and caused your injury. A recall can be useful evidence, but plenty of dangerous products are never recalled at all.
If your product was recalled, keep the recall notice along with the product. If it was not, you may still have a strong claim, so do not let the lack of a recall stop you from getting advice.
What if I was partly at fault or misused the product?
You can still recover in Illinois as long as you were not more than 50% at fault. Your award is reduced by your percentage of blame. If you are found more than 50% responsible, you cannot recover. This rule comes from the modified comparative negligence statute, 735 ILCS 5/2-1116.
Manufacturers often claim the injured person misused the product or ignored a warning to reduce what they owe. Whether your use was a foreseeable one is frequently a fight in these cases, and it is one an experienced attorney is ready to have.
Can my family sue if a defective product killed a loved one?
Yes. When a defective product causes a death, surviving family members can bring a wrongful death claim against those responsible. As of August 11, 2023, Illinois law also allows families to seek punitive damages in wrongful death and survival cases when the conduct was egregious enough to justify them.
A wrongful death claim can recover for the family’s grief, loss of support, and loss of companionship, along with the losses the person suffered before death. These are difficult cases, and we handle them with the care they deserve.
What is my product liability case worth?
The value of a product liability case depends on the facts, especially the severity of the injury. Key factors include your medical bills, the cost of future care, lost wages and earning ability, the permanence of the injury, your pain and suffering, and the strength of the evidence that the product was defective.
No honest lawyer can promise a number before reviewing your case. What we can do is investigate fully, bring in the right experts, and pursue the maximum compensation the law and the facts support.
What should I do with the product after I’m hurt?
Keep it and do not change it. The defective product is usually the most important evidence in your case. Do not repair it, alter it, return it to the seller, or throw it away. Store it somewhere safe, along with the packaging, manual, and receipt if you have them.
If the product is destroyed or discarded, the manufacturer may argue you cannot prove it was defective. Preserving it protects your ability to have it examined by experts and to hold the right parties responsible.
How much does a product liability lawyer cost?
We handle product liability cases on a contingency fee. You pay no attorney fee up front, and you owe no fee unless we recover money for you. Our fee comes out of the settlement or verdict at the end, and case costs such as experts and testing are fronted by the firm and repaid from the recovery.
This means you can take on a major manufacturer without paying anything out of pocket to get started. The consultation is free, so you can learn your options at no risk.
I was hurt by a defective machine at work. Can I still file a product claim?
Often, yes. If a defective machine or tool caused your work injury, you may have a product liability claim against the equipment maker in addition to your workers’ compensation claim. The product claim is against a third party, so it can recover damages workers’ comp does not, including pain and suffering.
Workers’ compensation does not let you sue your employer, but it does not block a claim against the company that made a dangerous machine. For many injured workers, this third-party claim is the path to full compensation.
Call For a Free Consultation with Our Southern Illinois Product Liability Law Firm Today!
If you or someone you love was hurt by a defective product, you do not have to take on the manufacturer alone. The attorneys at Olson & Reeves are ready to investigate your case, answer your questions, and fight for the compensation you deserve. Call (618) 316-7322 today or use the form below for your 100% free case evaluation. Remember, you don’t pay unless we win.