About Moll Law Group
Experienced Injury Attorneys Representing Chicago Residents and Other Victims
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.
Aggressive Advocacy in your Pursuit of Compensation
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 a 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.
Consult an Injury Lawyer in the Chicago Area
Our attorneys understand how important it is that you obtain compensation for your harm. We retain leading experts throughout the nation to present your case in settlement negotiations and at trial. Our product liability lawyers also care about consumers throughout the nation. With the goal of fighting for our clients and keeping consumers safe, we have created a network of resources that provide life-saving and injury prevention information to everyone. If you have been hurt due to negligence or a defective product, the Chicago injury attorneys at Moll Law Group are ready to help you assert your rights. Headed by principal Ken Moll, our firm compassionately assists individuals and families in Wheaton, Naperville, Schaumburg, and communities throughout Cook County. We also represent consumers injured by defective products in other states nationwide, including California, Florida, New York, Texas, Pennsylvania, Ohio, and Michigan. Call us at 312-462-1700 or use our online form to set up a free consultation.