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Products Liability Attorney in San Jose

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

As a leading authority in personal injury law, Carlson Bier specializes in Products Liability litigation and consistently delivers unmatched expertise. Our renowned team fervently advocates for the rights of individuals impacted adversely by defective products, ensuring fair representation and justice. We have considerable experience litigating cases involving design defects, manufacturing flaws or inadequate warnings on consumer goods across the nation. By considering Carlson Bier for your Products Liability case, you are gaining access to vast legal knowledge and an unwavering dedication to deliver favorable results. Although we serve clients nationwide from our Illinois base, it’s important to note that we are equipped to adeptly navigate through variations in different state laws too; This includes San Jose where product liability laws may be distinctive than others. Entrust your cause with us today for meticulous scrutiny of your case, robust legal strategies and relentless pursuit of just reparation – underscoring why thousands extend their trust towards Carlson Bier when dealing with Product Liability concerns.

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About Carlson Bier

Products Liability Lawyers in San Jose Illinois

Carlson Bier Associates prides itself on being a leading law firm in Illinois with a core specialty is personal injury law. This includes, but is not limited to, tackling cases related to product liability. Product Liability refers to the responsibility levied upon manufacturers, distributors, suppliers and retailers for any damage caused by their products.

Primarily, there are three categories of product defects that lead to manufacturers or sellers being held liable: Design Defects, Manufacturing Defects and Marketing Defects. The first one relates to inherent flaws in the design of the product which make them inherently unsafe irrespective of how carefully they may be produced or marketed. It means the entire line of such products is deemed defective. The second category involves faults that occur during the manufacturing process resulting in unsafe finished products that deviate from otherwise safe designed prototype designs. Lastly, marketing defects include faults or intentional misrepresentations during the course promoting a product – such as inadequate safety warnings.

Our attorneys at Carlson Bier boast an exceptional track record when it comes to litigation surrounding these sections of Products Liability Law:

• We have represented clients who suffered disastrous repercussions because of poorly designed consumer devices.

• Our team has taken entities to court due to negligence or egregious errors within their manufacturing procedures.

• We’ve obtained significant settlements for consumers deceived through false advertising methods.

Several considerations come into play when assessing if you have a legitimate Products Liability case and every situation is unique:

– Is there substantial evidence linking your injury directly with defective product usage?

– Has more than one party contributed towards producing and delivering this hazardous item?

– Can one prove beyond doubt about seller’s awareness regarding probable dangers?

Knowing your rights under Illinois’ Product Liability laws is crucially important if you’ve been injured by a defective product amidst daily living activities.

At Carlson Bier Associates in Illinois, we conduct extensive research into each case using our resources coupled with expert technical knowledge before advising initiation legal proceedings against erring manufacturers or sellers. Our legal consultations, direction and representation come with unalloyed dedication towards securing the most just outcome for your injury situation. Preserving public safety by holding negligent companies accountable positions prominently in our core mission.

Our legal practitioners not only specialize in representing individual cases, but are well-versed in collective class-action lawsuits too, should multiple individuals find themselves basically victimized by the same product. Our expertise spans over a broad spectrum of industries – from food products to automotive recalls to pharmaceutical drug implications and beyond.

When a client initiates contact with Carlson Bier Associates regarding potential Product Liability claims, we openly encourage constructive conversations – understanding full facts surrounding your case, patiently explaining complexities involved within such laws and finally guiding you through the process if we decide to proceed on behalf of you.

It’s important to understand that every faulty product doesn’t automatically qualify under Products Liability Laws. Sometimes incidents involving defective products may be better dealt with under different areas of law like negligence law or breach of warranty. That’s where our extensive experience comes handy ensuring no stone is left unturned when it comes to exploring every possible avenue for justice implementation.

Time limits apply under Illinois’ statute limitations for filing any personal injuries claim including those via product defects– usually two years starting from date of actual incident occurrence; though exceptions might pertain based on discovery rules and law interpretation intricacies – another reason why seeking timely expert counsel matters all-more!

There is no obligation associated nor a charge levied until actual recovery is achieved. If you recognize yourself or someone dear suffering due bodied harm due erroneous item usage, don’t hesitate reaching out our professional team at Carlson Bier Associates; because time isn’t just money -it defines boundaries between justice obtainment as opposed fading away into oblivion.

Feel free to click on the button below e enable us evaluate your potential claim while advising about tentative worth pertaining especially under Illinois specific laws related Product Liability. Let’s help you take a meaningful step forward after a terrifying step back.

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Product Liability FAQ​

Product liability is the legal responsibility of manufacturers, distributors, sellers, and suppliers for injuries caused by defective products.

The three main types of product liability claims are:

  • Manufacturing defects: These defects occur during the manufacturing process and cause the product to be unsafe.
  • Design defects: These defects exist in the design of the product and make it inherently unsafe.
  • Marketing defects: These defects occur when the manufacturer or seller fails to adequately warn consumers about the dangers of the product.

The signs and symptoms of a product liability injury can vary depending on the type of product that caused the injury. However, some common signs and symptoms include:

  • Physical injuries: These could include cuts, bruises, burns, fractures, and other injuries.
  • Property damage: This could include damage to your home, car, or other belongings.
  • Economic losses: These could include lost wages, medical expenses, and other financial losses.

The treatment options for product liability injuries will vary depending on the severity of the injuries. However, some common treatment options include:

  • Surgery: Surgery may be required to repair injuries that were caused by a defective product.
  • Physical therapy: Physical therapy may be required to help patients regain their strength and mobility after suffering an injury.
  • Occupational therapy: Occupational therapy may be required to help patients learn to perform activities of daily living after suffering an injury.
  • Medications: Medications may be required to treat pain and other symptoms of product liability injuries.

Yes, you may be able to file a lawsuit for a product liability injury if you have been injured due to a defective product. A product liability lawyer can help you understand your rights and options, and can represent you in court if necessary.

All Attorney Services in San Jose

Areas of Practice in San Jose

Two-Wheeler Incidents

Focused on legal assistance for people injured in bicycle accidents due to other parties' indifference or risky conditions.

Fire Burns

Supplying specialist legal assistance for sufferers of grave burn injuries caused by mishaps or negligence.

Medical Negligence

Providing dedicated legal support for patients affected by healthcare malpractice, including wrong treatment.

Commodities Accountability

Dealing with cases involving defective products, providing skilled legal support to customers affected by product malfunctions.

Aged Mistreatment

Advocating for the rights of nursing home residents who have been subjected to mistreatment in senior centers environments, ensuring restitution.

Slip and Fall Injuries

Skilled in tackling trip accident cases, providing legal assistance to sufferers seeking justice for their injuries.

Infant Wounds

Providing legal aid for families affected by medical negligence resulting in childbirth injuries.

Auto Accidents

Collisions: Concentrated on assisting individuals of car accidents get reasonable remuneration for injuries and impairment.

Motorbike Collisions

Expert in providing legal services for individuals involved in motorcycle accidents, ensuring adequate recompense for injuries.

Big Rig Crash

Offering professional legal representation for clients involved in truck accidents, focusing on securing just settlement for losses.

Building Incidents

Concentrated on defending workers or bystanders injured in construction site accidents due to safety violations or misconduct.

Cognitive Damages

Focused on offering compassionate legal representation for persons suffering from cognitive injuries due to negligence.

Dog Attack Injuries

Proficient in managing cases for individuals who have suffered harms from dog attacks or beast attacks.

Foot-traveler Collisions

Committed to legal assistance for walkers involved in accidents, providing professional services for recovering compensation.

Wrongful Loss

Striving for bereaved affected by a wrongful death, delivering compassionate and professional legal assistance to ensure compensation.

Spinal Cord Damage

Expert in representing persons with vertebral damage, offering specialized legal representation to secure redress.

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