When Everyday Products Cause Burn Injuries
You expect the products you buy to be safe. But every year, defective products cause serious burn injuries to thousands of people across the United States. From exploding batteries in phones and laptops to malfunctioning space heaters and faulty wiring in appliances, product defects can turn ordinary household items into sources of devastating burns.
If a defective product burned you or a family member in Chicago or anywhere in Illinois, the manufacturer, distributor, or retailer may be legally responsible. Illinois product liability law gives you the right to hold these companies accountable.
Common Defective Products That Cause Burns
Electronics and Batteries
Lithium-ion batteries in phones, laptops, e-cigarettes, and hoverboards have been linked to numerous fires and explosions. When these batteries overheat, swell, or short-circuit, they can catch fire or explode without warning. The resulting burns can be severe, especially when the device is in a pocket, on a lap, or being held against the face.
Household Appliances
Space heaters, toasters, coffee makers, hair dryers, and other appliances can malfunction due to faulty wiring, defective heating elements, or poor design. These malfunctions can cause fires that spread quickly through a home.
Gas Grills and Propane Equipment
Defective gas valves, regulators, or hose connections on grills and propane equipment can cause gas leaks that lead to flash fires or explosions.
Children’s Products
Defective children’s pajamas that do not meet flammability standards, faulty bottle warmers, and malfunctioning heated car seats have all caused burn injuries to children.
Vehicles
Defective fuel systems, faulty ignition switches, and flawed electrical wiring in cars and trucks can cause vehicle fires. Learn about car accident injury claims and truck accident claims in Chicago.
Industrial Equipment
Workers can suffer burns from defective machinery, tools, or safety equipment that fails during operation.
Types of Product Defects That Lead to Burns
Illinois law recognizes three types of product defects:
Design Defects
A design defect exists when the product’s design is inherently unsafe, even when manufactured correctly. For example, a space heater designed without an automatic shut-off feature that overheats and catches fire has a design defect.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during production. The design may be sound, but a mistake during assembly creates a dangerous product. A phone battery with a contaminated electrode that causes it to short-circuit is a manufacturing defect.
Failure to Warn
Manufacturers must warn consumers about known risks associated with their products. If a product has a burn risk that is not obvious, and the manufacturer fails to include adequate warnings or instructions, they can be held liable for resulting injuries.
Illinois Product Liability Law and Burn Injuries
Illinois follows a strict liability standard for product defect cases. This means you do not need to prove the manufacturer was negligent. You need to show:
- The product was defective (design, manufacturing, or warning defect)
- The defect existed when the product left the manufacturer’s control
- The defect caused your burn injury
- You were using the product in a reasonably foreseeable way
This is a significant advantage over standard negligence claims. You do not need to show that the company knew about the defect or was careless. The defect itself is enough.
Who Can Be Held Liable?
Product liability claims can target multiple parties in the chain of distribution:
- The manufacturer of the finished product
- The manufacturer of a component part (such as a battery or heating element)
- The distributor who supplied the product to retailers
- The retailer who sold the product to you
In many cases, claims are brought against multiple defendants. This increases the chances of recovering full compensation.
Evidence in Defective Product Burn Cases
Building a strong product liability case requires solid evidence. Key evidence includes:
- The defective product itself. Preserve the product in its post-incident condition. Do not throw it away, repair it, or return it to the manufacturer.
- Photos and videos. Document the product, the burn injuries, and the scene where the incident occurred.
- Medical records. Detailed records of your burn treatment, surgeries, and recovery.
- Purchase records. Receipts, order confirmations, or credit card statements showing when and where you bought the product.
- Expert analysis. Engineers, metallurgists, and other experts may need to examine the product to identify the defect.
- Recall notices. Check if the product has been subject to a recall by the Consumer Product Safety Commission (CPSC).
Compensation in Defective Product Burn Cases
Burn injuries from defective products often result in significant compensation because the injuries tend to be severe and the manufacturers have substantial insurance and assets. You may recover:
- Medical expenses: Emergency care, burn center treatment, surgery, skin grafts, physical therapy, and future medical needs
- Lost income: Wages lost during recovery and reduced future earning capacity
- Pain and suffering: Compensation for the physical pain of burn injuries and treatment
- Scarring and disfigurement: Permanent changes to your appearance
- Emotional distress: Anxiety, depression, PTSD, and reduced quality of life
- Loss of consortium: Impact on your relationship with your spouse
In cases involving particularly reckless or willful conduct by the manufacturer, punitive damages may also be available. These are designed to punish the company and deter similar behavior.
The Statute of Limitations and Repose
Illinois has a two-year statute of limitations for personal injury claims (735 ILCS 5/13-202). You must file your lawsuit within two years of the date you were burned.
Illinois also has a statute of repose for product liability cases. Generally, you cannot file a claim more than 12 years after the product was first sold or delivered (735 ILCS 5/13-213). There are some exceptions, but this deadline is strictly enforced.
Do not delay. The sooner you act, the better your chances of preserving evidence and meeting all legal deadlines.
Product Recalls and Your Rights
If a product that burned you has been recalled, that strengthens your case significantly. A recall is an admission by the manufacturer or the CPSC that the product is dangerous. However, a recall does not automatically guarantee compensation. You still need to file a claim and prove your specific injuries were caused by the defect.
Even if no recall has been issued, you can still pursue a product liability claim. Many defective products cause injuries long before any recall is announced.
What to Do After a Burn Injury from a Defective Product
- Get medical treatment. Go to the emergency room or a burn center immediately.
- Preserve the product. Do not discard, repair, or alter the product. Store it safely.
- Document everything. Photograph the product, the scene, and your injuries.
- Save all records. Keep medical bills, purchase receipts, and any correspondence with the manufacturer.
- Report the incident. File a report with the CPSC at SaferProducts.gov.
- Contact a product liability attorney. An experienced lawyer can investigate the defect and pursue your claim.
Contact a Chicago Burn Injury Attorney
Defective product burn cases require attorneys who understand both product liability law and the complexity of burn injuries. Phillips Law Offices has the experience and resources to take on major manufacturers and fight for the compensation you deserve. Visit our page on hiring the right lawyer to learn what to look for.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.
