Corporations are expected to keep up with complaints by consumers and the public, particularly those that involve safety issues. For example, many pharmaceuticals have dangerous side effects. Although manufacturers conduct tests before submitting products to the FDA for approval, they are also expected to watch to see whether consumers complain of serious side effects and to provide further information to doctors and patients about new risks. Similarly, if a corporation receives word that many people in a nearby neighborhood are becoming sick due to the chemicals used by the corporation, it should take these complaints seriously. At Moll Law Group, our personal injury lawyers can assist Rockford residents in asserting their right to compensation if they have been hurt by the negligent conduct of a business or individual.
Toys, food, auto parts, medical devices, and pharmaceuticals may be defective in their marketing, their design, or their manufacturing. Marketing defects may sometimes be confusing for consumers. Another name for many of the claims arising from this type of defect is failure to warn. In this type of claim, we would assert that the product that harmed the plaintiff was unreasonably dangerous, due to the manufacturer's failure to adequately warn of a particular danger.
This problem is especially visible in the areas of dangerous drugs and medical devices. Unlike a product like a knife or a tractor-trailer, the dangers of drugs are often invisible. When a danger is obvious, there is no duty to warn of the danger. However, most consumers trust their doctor and the manufacturer of a drug to tell them about serious side effects.
In Illinois, a defendant does not have a duty to warn of risks of which it did not know nor should have known when manufacturing the drug, device, or other product. Instead, the manufacturer may be held accountable only for a failure to warn of risks of which it knew or should have known when manufacturing the drug. However, as noted above, drug manufacturers are expected to keep up with the safety of their products and how they affect consumers in the marketplace. When a drug manufacturer receives word that patients are suffering serious unexpected side effects, for example, it should issue warnings. A manufacturer may discharge its duty to provide warnings to doctors under the learned intermediary doctrine.
A doctor is often considered to be in a better position to warn consumers about the risks and benefits associated with a certain drug. In some cases, a medication may be so beneficial for a particular patient that it may be worth taking some risks. However, there are many drugs that are not as beneficial, and if they cause cancer or permanent injuries, the patient knowing of the risk may have elected not to take it or to take a different drug. If a doctor failed to meet the professional standard of care, and this breach caused you to suffer injuries, we may be able to bring a medical malpractice lawsuit for compensation.
Elderly people are often reluctant to disclose that they are being abused by nursing home staff. Nursing home residents have numerous rights under federal and state laws, however, including rights to medical care and the right to manage their finances. If you or a loved one is harmed in a nursing home, due to abuse or neglect by the staff, we may be able to recover compensation under the Illinois Nursing Home Care Act.
Property owners in Illinois are required to keep their premises in a safe condition for visitors. This means that property owners must routinely investigate and inspect their property for problems that need to be repaired and provide warnings to visitors if it is not possible to make repairs promptly. We will need to establish a property owner's actual or constructive notice of the dangerous condition that caused your injuries in order to recover compensation in a premises liability lawsuit.
Many car accidents result from driver negligence. In these situations, we will need to establish by a preponderance of the evidence that another driver breached the duty to use reasonable care and that this breach caused your injuries. If you were hurt in a car accident, it is important to consult an attorney before talking to an insurer or another representative of the negligent driver.
If you have been harmed by a hazardous chemical due to corporate negligence, it may be appropriate to bring a toxic tort case to pursue compensation. In some cases, corporate conduct is governed by federal or state environmental regulations. The focus in these cases will be proving that the corporation's violation of those regulations caused your illness or injury.
If you have been hurt by a defective product, corporate misconduct, or a negligent doctor, among other forms of harm, you may have grounds to bring a claim for compensation. Serving people throughout the Rockford area, the personal injury attorneys at Moll Law Group can provide aggressive legal representation. Billions of dollars have been recovered in cases in which we have been involved. Call us at 312-462-1700 or complete our online form to set up a free appointment with a personal injury or product liability attorney.