Chicago Product Liability Lawyer | Salvi, Schostok & Pritchard P.C.

You have a number of potential legal grounds under which you can make a claim for injuries caused by product defects. You can allege:

  • The manufacturer was negligent
  • There were design defects
  • The manufacturer failed to warn you of side effects.

You can also use strict liability rules to hold the manufacturer accountable even if there was no negligence involved. See our page on Product Liability[7] for more information.

What if a defective drug makes me sick or causes side effects?

If a defective drug makes you sick or causes unexpected side effects, you can file a lawsuit to obtain compensation from the pharmaceutical company that manufactured and sold the drug. You must be able to prove that the drug was the cause of harm.

Because there are multiple causes for many health problems, it can be challenging to prove a link between a medication and specific side effects/ health complications. Medical studies, FDA warnings or recalls and expert testimony can prove invaluable in proving that a defective drug made you sick.

Does it matter if a manufacturer warned (or didn’t warn) me about the risks of a product?

If a manufacturer alerted you to a product’s side effects or risks, you generally cannot take legal action if you suffered the harm you were warned about. If a manufacturer fails to warn you, however, you may be able to obtain compensation for resulting injuries and losses.

A failure to warn is one potential legal argument you can make in order to bring a product liability lawsuit. You will need to demonstrate that the manufacturer was aware of some danger or risk, had an obligation to alert you to the potential for problems and was negligent in not doing so.

What do I need to prove to hold a manufacturer responsible for a dangerous product?

There are different legal arguments you can make to hold a manufacturer accountable for injuries caused by a dangerous product. In many cases, you may make a claim based on multiple legal theories, including strict liability and negligence.

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