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Chicago Products Liability Attorney · Free Case Review

⚠️ Chicago Products Liability Lawyer
Schwaner Injury Law

When a product causes injury, Illinois law lets victims recover under three theories — strict liability, negligence, and breach of warranty — without proving the manufacturer was careless. Schwaner Injury Law represents Illinois consumers harmed by defective auto parts, medical devices, hip replacements, mesh implants, pharmaceuticals, household appliances, and industrial equipment, including coordination with national MDL counsel where appropriate.

📋 Free Case Evaluation (312) 635-4000
✍️By David J. Schwaner, J.D. | ✓ Reviewed and updated by David J. Schwaner, J.D. — 2026-05-06 | 📅 Published | ⏱️ 12 min read
Immediate Steps

What to Do After a Defective Product Injury

  • Get medical attention immediately and document everything
  • PRESERVE the product — do NOT throw it out, repair it, or return it
  • Save packaging, manuals, receipts, and warranty paperwork
  • Photograph the defect, the product, and the scene of injury
  • Note the make, model, lot number, serial number, and date of purchase
  • Check for FDA recalls, NHTSA recalls, or CPSC bulletins
  • Do NOT sign anything from the manufacturer or insurer without an attorney
Three Defect Types

The Three Categories of Product Defects

  • →Design Defect: The entire product line is unreasonably dangerous as designed (e.g., SUV with rollover propensity).
  • →Manufacturing Defect: An individual unit deviated from the intended design (e.g., contaminated medication).
  • →Failure to Warn / Marketing Defect: Inadequate warnings or instructions about known risks (e.g., undisclosed drug side effects).

Illinois courts apply BOTH the consumer-expectation test and the risk-utility test for design defects, giving plaintiffs flexibility in how they prove unreasonable danger.

Common Cases

Products Liability Cases We Handle

From single-product cases to nationwide MDL litigation, Schwaner Injury Law represents Illinois consumers harmed by every category of dangerous product.

Defective Auto Parts

Airbags (Takata), tires, seatbelts, fuel systems, accelerator/brake systems, ignition switches, child seats. Often involves NHTSA recalls and crashworthiness analysis.

🩺 Medical Devices

Hip and knee replacements, transvaginal mesh, hernia mesh, IVC filters, CPAP/BiPAP machines, cardiac stents, surgical robots, defibrillator leads.

💊 Pharmaceuticals

Drugs with undisclosed side effects, contaminated batches, mislabeled medications. Talc-based powders linked to cancer. Opioid-related cases.

🏠 Household Appliances

Lithium-ion battery fires, pressure cookers, smoke alarms, space heaters, kitchen appliances, dryers, e-cigarette/vape device explosions.

🏭 Industrial Equipment

Defective scaffolding, ladders, power tools, forklifts, conveyors, presses, and other equipment that injure workers (typically combined with construction or workers' comp claims).

🧸 Children's Products

Toys with choking hazards, defective cribs, strollers and car seats, lead-contaminated products, magnet sets. CPSC recall data is critical.

Your Rights

Compensation Illinois Products Liability Victims Recover

Illinois imposes no statutory cap on most personal injury damages. Where the manufacturer's misconduct rises to gross negligence, punitive damages may also apply.

  • Past and future medical expenses (including revision surgery, device removal)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Permanent disability and disfigurement
  • Loss of normal life (Illinois-specific damage)
  • Loss of consortium for spouse
  • Wrongful death damages where applicable (740 ILCS 180/)
  • Punitive damages where the manufacturer knew of the defect
Why Schwaner Injury Law

Chicago's Trusted Products Liability Attorney

Products liability is one of the most document-intensive areas of personal injury law. Companies hide damaging documents in millions of pages of discovery; corporate witnesses get coached; engineering experts get expensive. David Schwaner has 20+ years navigating this terrain — including coordinating individual Illinois cases with multidistrict litigation (MDL) where appropriate.

No upfront cost. We advance every expert dollar. You pay nothing unless we win.

Free consultation, available 24/7
No fee unless we win your case
98% case recovery rate
$30M+ recovered for clients
MDL coordination experience
98%
Case Recovery Rate
$30M+
Recovered for Clients
20+
Years of Experience
FAQ

Products Liability Questions — Answered

What is Illinois strict products liability?

Illinois follows Restatement § 402A — a manufacturer is strictly liable for an unreasonably dangerous product, regardless of fault, if the defect existed when the product left the manufacturer's control and caused the injury.

What is the statute of limitations and statute of repose?

2 years SOL from injury (735 ILCS 5/13-202); 12-year statute of repose from first sale to user (735 ILCS 5/13-213). Discovery rule applies for latent injuries from medical devices and pharmaceuticals.

Can I sue the retailer or just the manufacturer?

Both, initially. Under 735 ILCS 5/2-621, retailers can be dismissed once they identify the manufacturer — unless the manufacturer is bankrupt, insolvent, or beyond U.S. jurisdiction.

Do I need to keep the defective product?

Yes — absolutely. Spoliation can destroy your case. Do not return it, repair it, or modify it. Photograph it and call an attorney immediately.

What if my case is part of an MDL?

Many products cases (mesh, hip implants, drugs) are consolidated as Multidistrict Litigation (MDL) in federal court. Schwaner Injury Law works with MDL leadership to advance your individual case while leveraging consolidated discovery.

Get Your Free Products Liability Case Review

Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win.

Call (312) 635-4000 📋 Send Us Your Case

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Our Process

How We Handle Products Liability Cases

From initial consult to final verdict — here's how David Schwaner builds Illinois products liability cases.

1

Free Consultation & Product Preservation

You speak directly with David. We immediately help you preserve the product and all related evidence.

2

Engineering & Medical Investigation

We retain engineers, biomechanists, metallurgists, and medical experts to identify the defect. We pull FDA, NHTSA, CPSC, and recall records.

3

Demand & Litigation

We file in Cook County or, where appropriate, federal court. For MDL cases, we coordinate with national leadership counsel.

4

Settlement or Trial

Most products cases settle. When they don't, David tries them. Insurance carriers and corporate defendants know it.

5

You Get Paid

You receive your settlement or verdict. Our fee comes only from your recovery.

Know Your Rights

Illinois Products Liability Law & Your Rights

Key Illinois statutes and doctrines for defective product cases.

Products Liability: Key Illinois Statutes

  • ⚖️Strict Liability: Restatement (Second) § 402A — adopted by Illinois Supreme Court in Suvada v. White Motor (1965).
  • ⚖️Statute of Limitations: 735 ILCS 5/13-202 — 2 years from injury or discovery.
  • ⚖️Statute of Repose: 735 ILCS 5/13-213 — 12 years from first sale (10 if proven date) bars claims.
  • ⚖️Seller's Exception: 735 ILCS 5/2-621 — allows non-manufacturer sellers to be dismissed once manufacturer identified.
  • ⚖️Comparative Fault: 735 ILCS 5/2-1116 — modified comparative negligence; recovery barred only above 50% fault.
  • ⚖️Two Tests for Design Defect: Consumer-expectation test AND risk-utility test (Illinois plaintiffs may use either).
  • ⚖️Punitive Damages: Available where manufacturer's conduct is willful, wanton, or shows reckless disregard for safety.
Why Choose Us

Why Illinois Products Liability Victims Choose Schwaner

$30M+ Recovered

David Schwaner has recovered over $30 million for injured Illinoisans, including in products cases.

MDL & Mass Tort Experience

We coordinate Illinois cases with multidistrict litigation when applicable.

🔬

Engineering Expert Network

Engineers, biomechanists, metallurgists, pharmacologists — we advance every cost.

Zero Fees Unless We Win

No upfront costs. We carry the case all the way through trial if needed.

More Questions Answered

More Products Liability Questions — Answered by David Schwaner

Illinois-specific answers. Call (312) 635-4000 if your question isn't here.

What is the difference between strict liability and negligence?

In strict liability, the plaintiff need only prove the product was unreasonably dangerous and caused injury. In negligence, the plaintiff must prove the manufacturer breached a duty of care. Illinois plaintiffs typically plead both theories along with breach of warranty.

What is the discovery rule for latent injuries?

For products causing latent injuries (asbestos, defective implants, certain drugs), the 2-year SOL begins when the plaintiff knew or reasonably should have known the injury was wrongfully caused. The 12-year statute of repose is harder to extend.

Can FDA preemption block my medical device claim?

For Class III FDA-approved devices that went through pre-market approval (PMA), federal law preempts most state-law design and warning claims (Riegel v. Medtronic). However, parallel claims (where the device violated FDA standards) can survive. Class II 510(k)-cleared devices are not preempted. Each medical device case requires careful preemption analysis.

Are class actions and MDLs the same thing?

No. A class action is a single suit with a representative plaintiff for all class members. An MDL consolidates many individual cases for pretrial discovery, but each plaintiff retains their own case for trial or settlement. Most major drug and medical device litigation is MDL, not class action.

Does Schwaner Injury Law handle products liability on contingency?

Yes — every case. We advance all expert costs, which can be substantial in products cases. No fees unless we recover for you. Call (312) 635-4000 for a free 24/7 consultation.

⚠️ Serving Illinois

Chicago Products Liability Attorney — Serving All of Illinois

Schwaner Injury Law represents consumers harmed by defective products throughout Chicago, the suburbs, and the State of Illinois — including Cook, DuPage, Lake, Kane, Will, McHenry, Kendall, and beyond. Call (312) 635-4000 for a free consultation. Available 24/7, no fee unless we win.

David J. Schwaner, Chicago Personal Injury Attorney
David J. Schwaner, J.D.
Founding Attorney · Schwaner Injury Law

David J. Schwaner is a Chicago personal injury attorney with 20+ years of experience and over $30 million recovered for injured Illinoisans. Admitted to the Illinois bar in 2005 after graduating from Loyola University Chicago School of Law, David handles complex products liability, medical device, and pharmaceutical cases throughout Illinois, including coordination with national MDL counsel. Rated Super Lawyers and Avvo Top Attorney, with a 98% case recovery rate.

JD · Loyola Chicago Law IL Bar 2005 ISBA Member ITLA Member Super Lawyers Rated Avvo Top Attorney English · Español
(312) 635-4000 ✉️ help@schwanerinjury.com About David →