Illinois Product Liability Attorney
The experienced product liability attorneys at Hess Injury Law can help you fight for justice and fair compensation if you have been injured by a defective product.
Call us at (847) 708-4377 or fill out our online form to schedule a free consultation with one of our knowledgeable attorneys today. The free consultation session will allow us to evaluate your claim and help you understand your legal options. If we believe you have a valid case, we will work tirelessly to get you maximum compensation.
What is Product Liability in Illinois?
Product liability is the area of law that holds manufacturers, distributors, and retailers responsible for injuries caused by defective products. If a product is found to be defective, the company that manufactured it can be held liable for any injuries or damages that result from its use.
Types of Products Liability Claims in Illinois
Illinois has three main types of product liability claims: negligence, strict liability, and breach of warranty. Each type of claim has different requirements to be met to recover compensation.
a) Negligence
Negligence claims require the plaintiff to prove that the manufacturer or seller of the product owed a duty of care to the consumer but breached that duty, and that the breach was the proximate cause of the plaintiff’s injuries. To recover under a strict liability claim, the plaintiff must show that the product was defective and that the defect was the proximate cause of the plaintiff’s injuries.
b) Strict Liability
Strict liability claims do not require the plaintiff to prove that the manufacturer or seller of the product was negligent. To recover under a strict liability claim, the plaintiff must show that the product was defective and that the defect was the proximate cause of the plaintiff’s injuries.
There are three main types of defects that can give rise to a products liability claim in Illinois:
Design Defects
A design defect exists when there is a flaw in the product’s design that makes it unreasonably dangerous to use. To recover compensation under a design defect theory, the plaintiff must prove that the company knew or should have known about the defect and failed to warn consumers about it.
Manufacturing Defects
A manufacturing defect is a flaw in the product that occurred during the manufacturing process. This type of defect can occur when a component is not made to the correct specifications or when there is an error in the assembly process. Manufacturing defects are usually rare and only affect a small number of products.
Warning Defects
A warning defect exists when a product does not come with adequate warnings or instructions on how to use the product safely. Warning defects are also known as marketing defects. To win a product liability case based on a warning defect, the plaintiff must prove that the company knew or should have known about the danger and failed to warn consumers about it.
c) Breach of Warranty
A breach of warranty claim requires the plaintiff to prove that the manufacturer or seller of the product breached an express or implied warranty and that the breach was the proximate cause of the plaintiff’s injuries.
Compensation Available in Products Liability Cases
If you are successful in your product liability case, you may be entitled to recover compensatory damages, which are designed to reimburse you for your losses.
Compensatory damages can include:
- Medical expenses: If the product defect caused you to suffer an injury, you might be able to recover the cost of your medical treatment, including hospitalization, surgery, and rehabilitation.
- Lost wages: For injuries that prevent you from working, you may be able to recover the wages you lost while you were out of work.
- Pain and suffering: You may be able to recover damages for the physical pain and emotional suffering caused by the product defect.
- Loss of enjoyment of life: If the product defect has affected your ability to enjoy activities that you once enjoyed, you may be able to recover damages for that loss.
- Loss of consortium: If the product defect has affected your relationship with your spouse or partner, you may be able to recover damages for that loss.
While punitive damages are not available in every state, Illinois does allow for the recovery of punitive damages in some cases. Punitive damages are designed to punish the defective product’s manufacturer or seller and deter others from engaging in similar conduct. To recover punitive damages, the plaintiff must prove the defendant’s conduct was willful or wanton.
What to Do If a Defective Product has Injured You
If a defective product has injured you, you should seek medical attention immediately. Once you have received treatment for your injuries, you should contact an experienced product liability lawyer to discuss your legal options.
An experienced product liability lawyer in Illinois can review your case’s facts and help you determine whether you have a claim. If you have a claim, the lawyer will work with you to develop a strategy for pursuing your claim and will fight to protect your rights throughout the legal process.
Who Pays for a Product Liability Claim?
In most cases, the manufacturer or seller of the defective product will be responsible for paying any damages awarded in a product liability case. In some cases, however, the distributor or retailer of the product may also be held liable.
Other parties that may be held liable in a products liability case include:
- The party who assembled the product
- The party who sold the product to the retailer
- The party who designed the product
In some cases, more than one party may be liable for a defective product. An experienced product liability lawyer can help you determine who may be liable in your case.
Time Limits on Filing a Product Liability Claim
There are time limits, or statutes of limitations, on filing a product liability claim. In Illinois, the statute of limitations for most product liability claims is two years. This means that you have two years from the date of your injury to file a product liability lawsuit. If you do not file your lawsuit within this time period, you will be barred from pursuing your claim.
Because product liability cases can be complex and because it can take time to investigate a claim, it is important to contact a lawyer as soon as possible after a defective product has injured you. This will give the lawyer the time he or she needs to investigate your claim and to file your lawsuit before the statute of limitations expires.
We Also Represent Businesses in Product Liability Cases
If you are a business owner or manager, we can help you defend against claims that your product is defective. We will work with you to develop a defense strategy tailored to your case’s specific facts.
Common Defenses to Products Liability Claims
Several defenses may be available to the manufacturer or seller of a defective product, depending on the facts of the case.
Some of the most common defenses include:
- The plaintiff assumed the risk of injury: In some cases, the plaintiff may have been aware of the defect in the product and still chosen to use it. In these cases, the defendant may be able to argue that the plaintiff assumed the risk of injury by using the defective product.
- The plaintiff misused the product: If the plaintiff misused the product in a way that the manufacturer or seller did not intend, the defendant might be able to argue that the misuse of the product was the proximate cause of the plaintiff’s injuries.
- The product complied with industry standards: At times, the defendant may be able to argue that the product met all applicable industry safety standards and that the plaintiff’s injuries were caused by something other than a defect in the product.
- An intervening event caused the plaintiff’s injuries: The defendant may be able to argue that the plaintiff’s injuries were caused by an event that occurred after the product left the control of the manufacturer or seller. For example, if the plaintiff was injured while using a defective power tool, the defendant may be able to argue that the plaintiff’s injuries were caused by the misuse of the power tool rather than by a defect in the power tool.
As with any type of legal claim, several defenses may be available to the manufacturer or seller of a defective product. The availability of these defenses will depend on the facts of the specific case.
Talk to an Illinois Products Liability Attorney
Whether a defective product has injured you or you are a business owner who has been sued in a product liability case, it is important to talk to an experienced Illinois products liability lawyer.
At Hess Injury Law, we have represented many people who have been injured by defective products, and we have also represented businesses in product liability lawsuits. We understand the defenses that may be available to the manufacturer or seller of a defective product, and we know how to investigate claims to determine whether there is a viable case.
For those injured by defective products, we offer a free consultation to discuss your case and answer any questions you may have. If we take your case, we will do so on a contingency fee basis, which means that you will not owe us any attorney’s fees unless we recover compensation for you.
Frequently Asked Questions about Products Liability Claims in Illinois
A product liability claim is a type of personal injury claim that is based on the allegation that a defective product injured the plaintiff. These claims can be brought against the defective product’s manufacturer, seller, or distributor.
If you are successful in a product liability claim, you may be able to recover compensatory damages, which are designed to compensate you for your losses. These damages may include medical expenses, lost wages, and pain and suffering. In some cases, you may also be able to recover punitive damages, which are designed to punish the defendant for particularly egregious misconduct.
These claims can be complex, and it is important to talk to an experienced Illinois products liability lawyer to evaluate your claim.
At Hess Injury Law, we offer a free consultation to discuss your case and answer any questions you may have. If we take your case, we will do so on a contingency fee basis, which means that you will not owe us any attorney’s fees unless we recover compensation for you.
The manufacturer, seller, or distributor of the defective product can be held liable in a product liability claim. In some cases, multiple parties may be held liable.
If we take your case, we will do so on a contingency fee basis, which means that you will not owe us any attorney’s fees unless we recover compensation for you.
You have two years from the date of your injury to file a product liability claim in Illinois. You will be barred from recovery if you fail to file your claim within this time period.
If a defective product has injured you, we can help you pursue a product liability claim against the manufacturer, seller, or distributor of the defective product. We offer a free consultation to discuss your case and answer any questions you may have.
The injured person can recover damages in a product liability claim. In some cases, the family of a deceased victim may also be able to recover damages.
Any type of injury can be covered by a product liability claim, as long as it is caused by a defective product.