Product Liability

A Product Liability claim occurs when a defective product causes an injury. When consumers buy a product, they should not have to worry about whether that product may be dangerous due to an error on the part of the companies that make or sell that product.

According to Illinois Law, a product is defective when it “fails to perform in the manner reasonably expected in light of its nature and intended function.” This could be for various reasons, including a flaw in the design of the productive, an error in the manufacturing process, or a failure on behalf of the company to properly warn their customers about the potential risks of their product with appropriate labeling.

The Statute of Liability for personal injuries stemming from a product liability claim is 2 years from the time of the accident. Claims filed after this time are likely to be dismissed. Because of this, it is important to speak with an experienced Product Liability lawyer as soon as possible after your accident, so that they can help you through the process in seeking appropriate compensation for your injuries.

Unlike with personal injuries, the Statute of Limitations for damage to property is five years. Despite the extended timeline, it is likely that disputes regarding Product Liability and the damage or destruction of property can take a long time, and evidence can be lost or otherwise decay, so it is generally a good idea to begin preparing your case as soon as possible after the accident.

In terms of Product Liability accidents, there are two ways to prove the fault of the other party. The first, and the most common, is through negligence.

In a case in which negligence is being claimed, you must prove that the manufacturer or seller had a duty of care to the injured party, that the manufacturer or seller breached that duty, and that the manufacturer or seller’s breach of their duty was the cause of your accident and injury.

In the case of Strict Liability in the state of Illinois, the seller, manufacturer, or other party may be responsible for the harm caused by their product.

In the case of Strict Liability, the injury to the consumer must have been caused from a condition or defect of the product, that the defect must have been unreasonably dangerous and that the danger was not merely part of it’s obvious intended function, and that the product was in that condition, or possessed that defect, at the time that it left the manufacturer’s control.

For the purposes of Breaches of Warranty cases for Product Liability, there are two types of warranties. The first is when the seller extended a warranty to you, either written or verbal, and the product injured you because of a defect in the product.

The second type is an implied warranty. When a product is sold, there is an implied warranty that the goods involved are being sold appropriately and that they are fit for their intended purpose and meet the minimum standards for products of that type. If these are not true, the implied warranty has been breached.

The details of fault in a product liability case can be very complex. It is often a good idea to consult with a Product Liability lawyer who specializes in this topic for more specific advice. In general, some of the other people who might be responsible in a Product Liability case include the seller, the companies who made the components used in the product, or a third party who might have assembled the product.

Large scale product liability cases are called ‘Mass Tort’ so you’ll often hear people say that you need a mass tort lawyer. Those cases involve large class action suits like the currently very active case against RoundUp that is being fought by those who have cancer due to long term use of the product.