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:

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.

Product Liability - Burning Charger

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:

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:

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.

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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.