Marion, IL Products Liability Lawyer
Whitfield Crosby & Flynn represents people across Williamson County and Southern Illinois who have been seriously hurt or lost a family member because a product failed in ordinary use. The firm is a personal injury and wrongful death trial firm, and it also serves injury victims in Western Kentucky, Southeast Tennessee and Central Indiana. When a defective machine, drug, vehicle part or medical device causes harm, the claim is rarely a simple one against a single wrongdoer, and our team builds those cases with trial in mind from the first week.
A Marion, IL products liability lawyer spends most of the early work on one question: what exactly went wrong with the product, and at which point in its life did the defect enter? A flaw can come from the design, from a manufacturing error on one production run, or from missing warnings and instructions. Each theory points to different evidence and sometimes to different defendants, and a product that is thrown away, repaired or returned to the seller can take the best proof with it.
Southern Illinois adds its own pressures. Coal mining equipment, farm machinery, trucks hauling freight on I-57 and Route 13, and tools used in industrial and construction work all generate injuries traced to the product rather than the person using it. Many of those cases involve large manufacturers with experienced defense teams, which is the kind of opposition our attorneys are used to facing.
Why Choose Whitfield Crosby & Flynn for a Defective Product Claim
Whitfield Crosby & Flynn is a trial firm, and that shapes how product cases are handled. Our attorneys bring more than 90 years of combined experience and have had a role in settlements and verdicts totaling over $1 billion. We represent injured people and families in Southern Illinois, Western Kentucky, Southeast Tennessee and Central Indiana, and clients have a direct line to their attorney rather than a rotating intake desk. Insurers and manufacturers track which firms settle cheaply and which ones prepare to try a case, and we prepare every case for trial from day one.
That track record includes product and equipment claims. The firm was part of a $165 million settlement in a worldwide class action over defective heart valves, and it recovered $1.2 million for the death of a miner caused by the faulty design of a shuttle car. It also secured $4.8 million for the families of five coal miners killed in a mine explosion. Those cases required the same skills a product claim demands: engineers and medical experts, document-heavy discovery, and a willingness to take on well-funded corporations. Prior results do not guarantee a similar outcome in any future case.
John Whitfield, the firm’s founding attorney, has practiced for more than 40 years, is certified as a Trial Specialist by the National Board of Trial Advocacy, and has obtained more than 30 settlements and verdicts over one million dollars. He is admitted to practice in Illinois and licensed in Tennessee. Andrew Flynn has handled cases at every level of the Illinois state court system, including arguments before the Illinois Supreme Court. Sarah Bearden, a former public defender, brings courtroom experience to injury victims, and Tim Crosby focuses his practice on personal injury and wrongful death trial work. Chuck Flynn, a Notre Dame Law School graduate admitted in Indiana, is a member of the Multi-Million Dollar Advocates Forum and was recognized as an Attorney for Justice by the Tennessee Supreme Court. Our attorneys belong to the American Association for Justice, the Kentucky Justice Association and the Tennessee Trial Lawyers Association, and the firm has been recognized by Best Lawyers: Ones to Watch.
Kinds of Dangerous Product Cases We Take On
- Defective Mining and Industrial Equipment: Franklin and Williamson counties were built on coal, and machinery design is a recurring cause of death and injury underground. Shuttle cars, roof-support systems, conveyors and electrical components can be unreasonably dangerous by design, and a miner’s workers’ compensation claim does not prevent a separate suit against the equipment maker.
- Defective Drugs and Medical Devices: Implants, heart valves, pumps and prescription drugs can injure patients who did everything their doctors asked. These claims often turn on what the manufacturer knew, what it told physicians, and whether warnings were adequate, and some are litigated as multi-plaintiff or class actions.
- Vehicle and Tire Defects: Brake failures, tire tread separation, faulty airbags, roof crush and fuel system flaws can turn a survivable crash into a catastrophic one. Crashes on I-57, I-64 and Route 13 sometimes involve both a negligent driver and a defective component, which can add a manufacturer as a defendant.
- Truck and Trailer Component Failures: Commercial vehicles depend on brakes, couplings, lighting and cargo restraints that must work every trip. When a part fails, responsibility can reach the manufacturer, the maintenance provider and the carrier alike.
- Power Tools, Farm Machinery and Construction Equipment: Missing guards, defective safety switches, unstable lifts and inadequate warnings cause amputations, crush injuries and burns in rural and industrial work across Southern Illinois.
- Motorcycle and Recreational Vehicle Defects: Helmets, frames, brakes and fuel systems that fail can magnify what would otherwise be a survivable accident.
- Consumer Products and Household Goods: Space heaters, batteries, ladders, children’s products and appliances that overheat, ignite or collapse can cause severe burns, brain injuries and deaths in the home.
- Elevator, Escalator, Aviation and Boating Equipment: Mechanical and design failures in these machines produce serious injuries and often involve several responsible companies, including installers and maintenance contractors.
Preserving the Product and Proof After an Injury
The single most valuable thing an injured person or family can do is keep the product exactly as it was after the failure. Do not repair it, clean it, return it to the store or let an insurer or the manufacturer take it without first talking to a lawyer. If the product is too large to store, such as a vehicle or a piece of machinery, ask that it be held in place or by a tow yard and photograph it from every angle. Keep the packaging, manuals, warnings, receipts and any recall notices. Defense experts will want to inspect it, and testing done carelessly or without notice can destroy the very defect you need to prove.
Get medical care immediately and tell every provider how the injury happened. Keep records of treatment, medications and missed work, and write down what happened while your memory is fresh, including who was nearby. If the injury happened at work, report it to your employer promptly. Workers’ compensation may cover medical care and some wages regardless of fault, but it does not stop you from pursuing the manufacturer of a defective tool or machine, and that third-party claim is often where full compensation is found.
Avoid giving recorded statements to an insurer or manufacturer representative, and do not accept an early settlement or sign a release before you understand the full extent of your injuries. Lifelong conditions often reveal themselves slowly, and a release ends the claim for good. Our team works to identify every party in the chain of distribution, including the designer, the component maker, the assembler, the distributor and the retailer, along with every insurance policy that might apply.
Deadlines matter. Under Illinois law, a product liability claim generally must be filed within two years under 735 ILCS 5/13-213, and a wrongful death claim within two years of the death. Illinois also sets a statute of repose of 12 years from the first sale of a product, which can bar a claim on an older item even if the injury is recent. A claim against a city or other local government must be filed within one year. If the injury occurred in Kentucky, the general deadline is one year from the date of injury under KRS 413.140, and in Tennessee it is also one year. Indiana’s general injury deadline is two years. Because the place of injury, the place of purchase and the manufacturer’s home can all differ, we sort out which state’s rules apply early.
How a Defective Product Claim Is Proved
Illinois product cases are built on strict liability, negligence, or both. Under strict liability, the injured person does not have to show the manufacturer was careless; the question is whether the product was unreasonably dangerous when it left the manufacturer’s control and whether that condition caused the injury. A design defect claim asks whether a safer, feasible alternative design existed. A manufacturing defect claim shows the unit deviated from its intended design. A warning claim looks at whether the risks were disclosed clearly enough to the people who would use the product.
Expert work is unavoidable. Engineers examine the failed part, metallurgists and materials scientists test it, and medical specialists connect the defect to the injury. Life care planners and economists put numbers to long-term needs when someone has suffered a spinal cord injury, a traumatic brain injury, a burn or an amputation. Manufacturers typically respond by arguing that the product was misused, altered, poorly maintained or that the user was careless, and fault assigned to the injured person reduces recovery.
Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. An injured person who is more than 50 percent at fault recovers nothing, and one who is 50 percent or less recovers damages reduced by their share. Kentucky, by contrast, is a pure comparative fault state with no bar, while Tennessee and Indiana both bar recovery at 51 percent or more. Defendants know these rules and press hard on them, which is why the physical evidence and expert testimony have to be solid before a case is filed.
Most Williamson County cases are heard in the Circuit Court of the 1st Judicial Circuit, which sits in Marion. Cases from Franklin County are heard in Benton in the 2nd Judicial Circuit, while claims from Jackson County go to Murphysboro and Saline County claims to Harrisburg, both in the 1st Circuit. Product cases against out-of-state manufacturers are sometimes removed to the U.S. District Court for the Southern District of Illinois, which holds court in Benton, and that fight over venue can shape the whole case.
Questions About Products Liability Claims in Marion
What is a products liability claim?
It is a civil claim against the companies that designed, made, distributed or sold a product that was unreasonably dangerous and caused injury or death. It can rest on a design defect, a manufacturing defect, or inadequate warnings and instructions.
Do I have to prove the manufacturer was negligent?
Not always. Illinois allows strict liability claims, which focus on whether the product was unreasonably dangerous when it left the manufacturer’s control and whether the defect caused the harm. Negligence claims can be added alongside strict liability when the facts support them.
How long do I have to file in Illinois?
A product liability claim generally must be filed within two years under 735 ILCS 5/13-213, and wrongful death claims have a two-year deadline from the date of death. Illinois also has a 12-year statute of repose that runs from the first sale of the product, so older items can raise separate problems.
Who can be held responsible?
Anyone in the chain of distribution may be liable, including the designer, the maker of a component part, the assembler, the distributor and the retailer. Part of the early investigation is identifying every responsible company and every insurance policy behind them.
What if I was partly to blame for my injury?
You may still recover in Illinois as long as your share of fault is 50 percent or less, though your damages are reduced by your percentage. If your fault is above 50 percent, the claim is barred, so how the defense frames your conduct matters a great deal.
The product was damaged or thrown away. Is my case over?
Not necessarily, but it is harder. Photographs, purchase records, exemplar products, recall notices, other injury reports and expert analysis of similar units can all help. Tell your lawyer exactly what happened to the item so the gap can be addressed.
Can I sue a manufacturer if I was hurt at work?
Often yes. Workers’ compensation generally covers on-the-job injuries, but it does not shield the company that built a defective machine, tool or vehicle part. A third-party lawsuit against that manufacturer can recover amounts workers’ compensation does not, such as pain and suffering.
My family member died from a defective drug or device. Who can bring the claim?
Illinois wrongful death claims are brought for the benefit of the surviving spouse and next of kin, and the deadline is two years from the date of death. Drug and device cases often require extensive medical and regulatory records, so gathering them early matters.
Does a product recall mean I have a claim?
A recall suggests the manufacturer recognized a hazard, but it does not by itself establish liability or damages. It can be strong evidence of a defect, and an injury that happened before or after the recall may be treated differently by the defense.
How long will a product liability case take?
These cases usually take longer than a routine car crash claim because of expert testing, document discovery and the resources manufacturers devote to defending them. Timing depends on the product, the number of defendants and whether a trial is needed, and we explain realistic expectations once we have reviewed the evidence.
What does it cost to hire a lawyer for this kind of case?
Your attorney can discuss fee arrangements and how case expenses are handled at the first consultation. Because we prepare cases for trial from the start, we are able to tell you early whether the claim is worth pursuing.
Can I bring a claim if the product injured a child?
Yes. Child injuries from defective toys, furniture, car seats or other products can support a claim, and different timing rules may apply to minors. Speak with a lawyer promptly so the product and records are preserved.
Serving Products Liability Clients Across Williamson County and Southern Illinois
Our work for injured people starts in Marion and Williamson County and reaches throughout the region. We represent families in Carterville, Herrin, Johnston City, Creal Springs and Crainville, along with the communities that surround Marion along Route 13 and I-57. To the west, we help clients in Carbondale and Murphysboro, and to the east in Harrisburg and the small towns of Saline County.
North of Marion, we serve Franklin County, including Benton, West Frankfort and Zeigler, as well as surrounding rural communities. Because coal, manufacturing and heavy hauling run through this part of Illinois, product cases arise from mines, plants, farms and highways. We also represent injury victims in Western Kentucky, including Madisonville, Hopkins County, Earlington, Nortonville, Dawson Springs, and Marion and Crittenden County, as well as in Southeast Tennessee and Central Indiana.
Talk With a Marion Products Liability Attorney
If a defective product has seriously injured you or taken someone you love, the evidence is most vulnerable in the first days and weeks. A Marion products liability attorney at Whitfield Crosby & Flynn can review what happened, advise you on preserving the product, and explain which companies may be responsible and what deadlines apply. Call us to schedule a consultation and get a direct answer about where your claim stands.