Product Liability

Product liability holds manufacturers, distributors, and sellers responsible for ensuring their products are safe for consumers. If you have been injured by a defective or dangerous product in Illinois, you may be entitled to pursue a personal injury claim to seek compensation for your damages. Understanding product liability principles and the legal process for filing a claim can help you protect your rights and obtain the support you need to recover from your injuries.

Types of Product Liability Claims

Product liability claims can arise from various types of defects, including:

1. Design defects: Inherent flaws in the product's design that make it unreasonably dangerous

2. Manufacturing defects: Errors in the production process that cause the product to deviate from its intended design

3. Marketing defects (failure to warn): Inadequate warnings or instructions regarding the product's potential dangers

Examples of products that may be subject to liability claims include defective automobiles, unsafe pharmaceuticals, contaminated food products, dangerous children's toys, malfunctioning household appliances, and toxic chemicals.

Illinois Product Liability Laws

In Illinois, product liability claims are governed by the principles of strict liability, negligence, and breach of warranty. Under strict liability, a manufacturer or seller can be held responsible for a defective product even if they were not negligent. To succeed in a strict liability claim, you must demonstrate:

1. The product was unreasonably dangerous due to a design, manufacturing, or marketing defect

2. The defect existed when the product left the defendant's control

3. The defect caused your injuries

Negligence claims require proving that the defendant failed to exercise reasonable care, while breach of warranty claims involve showing that the product did not meet the defendant's express or implied warranties of safety or quality.

Proving a Product Liability Claim

To succeed in a product liability claim, you must gather evidence to support your case, such as:

• The defective product itself

• Photographs or video of the product and your injuries

• Medical records and bills related to your treatment

• Witness statements or expert testimony

• Product designs, specifications, or recall notices

• Sales receipts or proof of purchase

Your attorney will help you collect and present this evidence to establish the defendant's liability and the extent of your damages.

Damages Available

In a successful product liability claim, you may be entitled to damages such as medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, disability or disfigurement, loss of enjoyment of life, wrongful death damages, and in some cases, punitive damages.

Legal Process for Product Liability Personal Injury Claims

1. Seeking Medical Attention and Preserving Evidence

• Seek medical treatment for your injuries and follow your doctor's recommendations

• Keep records of all medical visits, treatments, and expenses

• Preserve the defective product, if possible, and any packaging or instructions

• Take photographs or video of the product and your injuries

2. Initial Consultation and Investigation

• Meet with an experienced Illinois personal injury attorney specializing in product liability cases

• Provide details about the incident, your injuries, and the defective product

• Your attorney will review the facts, investigate the incident, and identify liable parties

3. Filing a Lawsuit

• Your attorney will draft and file a complaint in civil court, outlining your case and the damages sought

• The defendant(s) will be served with the complaint and have an opportunity to respond

4. Discovery and Pretrial Proceedings

• Both sides will exchange relevant documents and information through the discovery process

• Depositions of parties, witnesses, and expert witnesses may be taken

• Your attorney will build your case and assess the strength of the defendant's evidence

• Pretrial motions may be filed to resolve legal issues or exclude evidence

5. Mediation or Settlement Negotiations

• Many product liability cases are resolved through mediation or settlement negotiations before trial

• Your attorney will advocate for a fair settlement that compensates you for your losses

• If a settlement is reached, your attorney will review the terms with you and ensure payment

6. Trial (if necessary)

• If a settlement cannot be reached, your case will proceed to trial before a judge and jury

• Your attorney will present evidence, cross-examine witnesses, and argue your case

• The jury will decide on liability and the amount of damages to be awarded

Throughout the process, your product liability attorney will provide expert guidance, handle complex legal proceedings, and fight to secure the maximum compensation for your injuries. With their support, you can focus on your recovery and hold negligent manufacturers and sellers accountable for their actions.