Illinois product liability law is an important area of law designed to protect consumers who have been injured due to a product defect. This blog will explore the different types of product liability laws in Illinois, including what a product defect is, how it is determined, and how it affects those injured. With this information, consumers can be well-informed of their rights and the resources available if they have been injured due to a product defect. Keep reading to learn more.
What can a Chicago product liability attorney do for you?
When it comes to product liability cases, it’s essential to understand your rights and how to go about filing a claim. After all, defective products can cause serious injuries, and you may be eligible for financial compensation. That’s why it’s important to consult an experienced Chicago product liability lawyer who can help you understand your rights under the Illinois product liability law. To make a successful product liability claim, you’ll need to prove three things:
- That the product was defective
- That the defect caused the injury or damage
- That you were using the product as it was intended to be used
The burden of proof is on you to demonstrate these three points. This is where the help of an experienced Chicago product liability lawyer can be invaluable. Your attorney can help you gather evidence, identify the responsible parties, and represent you in court. Your lawyer will also be able to explain the different types of product liability claims that may apply to your situation. These include strict liability, negligence, and breach of warranty claims. Depending on the type of claim you’re filing, you may be able to recover damages for medical bills, lost wages, and pain and suffering.
In Illinois, product liability law is based on the theory of strict liability. Under this theory, manufacturers, distributors, and retailers are held strictly liable for any harm caused by a product, even if they were not negligent in the production or sale of the product. This means that if a product is found to be defective, the manufacturer, distributor, or retailer will be liable for any damages caused by the defect, regardless of whether or not they did anything wrong. They do not have to prove that they were negligent to be liable for the damages caused by a product.
When it comes to product liability claims, time is of the essence. It’s important to act quickly and get the help of an experienced lawyer. Your lawyer can help you understand your rights and protect your interests throughout the legal process.
Who is covered under product liability law?
Under Illinois product liability law, consumers and other individuals injured by a defective product can bring a product liability claim. A consumer is someone who purchases a product in their home or for personal, family, or household purposes. Other individuals covered under the product liability law include those who use or consume the product, those in the distribution chain, or anyone else injured by a defective product.
The law also covers any injury or damage caused by a defective product. This includes physical injuries, property damage, and other damage caused by a product defect. In addition, the law covers mental or emotional damages caused by a defective product, such as distress, humiliation, or shock.
What is the statute of limitations for product liability?
Under Illinois law, a claim must be filed within two years of the date of injury or death. If a plaintiff fails to file their claim within two years, they may be barred from bringing a claim. In some cases, the statute of limitations may be extended, but this is rare and depends on the case’s specific facts.
Understanding your rights under Illinois law is essential for ensuring that you are adequately protected in case of a product defect. Knowing this law’s various nuances can help you better understand your legal options and seek the compensation you deserve.