Moll Law Group

At Moll Law Group our Chicago injury lawyers represent people who have been involved in devastating accidents and families who have lost a loved one to an untimely death Many of these events result from defective products that should not have been released to the public such as unsafe vehicles dangerous prescription drugs faulty child products and defective medical devices For decades we have represented consumers around the nation in significant personal injury and product liability cases We have fought some of the largest multinational companies in the world and billions of dollars have been secured in cases in which we have been involved Our attorneys believe that each product liability and personal injury lawsuit requires a comprehensive investigation using a broad range of resources Moreover we are particularly proud that the litigation in which we have been involved has often prompted social change for the better As a result of our cases recalls have been issued unsafe products have been taken off the market and misguided laws have been revised Lives have been saved and further injuries prevented This is a critical part of the impact and legacy that we envision for our firm When someone else s negligence or wrongdoing is the cause of your harm or the loss of a family member you may be able to sue for compensation Negligence is often the legal theory on which a personal injury case is based To establish negligence you need to prove the defendant s duty of care the defendant s breach of duty actual and proximate causation and actual damages In cases that are relatively complex it may be critical to retain experts to show that there is a sufficient causal connection between the defendant s conduct and your injuries Compensatory damages may include both economic and noneconomic damages These can range from medical bills lost income and property damage to pain and suffering A defendant s egregious misconduct may give rise to an additional claim for punitive damages In some states product liability cases must be brought on a theory of negligence However many states allow plaintiffs to pursue manufacturers of defective products on a theory of strict liability meaning that the plaintiff does not need to show that the manufacturer failed to use reasonable care but only that there was a defect that caused an injury The types of defects that can be the basis for a product liability lawsuit are marketing defects manufacturing defects and design defects Marketing defect cases are also known as failure to warn cases They involve flaws in the material provided to consumers such as the instructions or warnings For example a failure to warn that a particular drug causes cancer in a large percentage of patients could expose a drug manufacturer to a lawsuit based on this failure to warn Manufacturing defects typically exist in only one or a few specimens of a product line Generally they are the result of an error in the manufacturing process For example if a component were not placed inside particular brake of a car due to a machine error or breakdown this probably would be a manufacturing defect Design defects in contrast are flaws that appear in every specimen of a particular product line As the name suggests the flaw is in the design itself Some jurisdictions require plaintiffs to use the consumer expectation test while others require plaintiffs to prove the risk utility test With the latter the plaintiff will need to show there was an alternative reasonable design For example if a toy could have been made with a different safer design without adding on too much expense or declining too greatly in utility the court may find there was a design defect in the toy that was actually made