Product Liability Attorney Chicago

Product Liability Law in Chicago

Product liability law in Chicago protects consumers from defective or dangerous products. It outlines manufacturers' responsibilities and provides legal recourse for those injured by faulty goods.

Key Statutes and Regulations

Illinois follows the Modified Comparative Fault Rule, which affects your ability to recover damages. If you're found to be more than 50% responsible for your injury, you cannot collect compensation.

Additionally:

• The statute of limitations for product liability claims in Illinois is generally two years from the date of injury. However, there's also a statute of repose that bars claims filed more than ten years after the product was first sold.
• The Illinois Product Liability Act governs these cases, setting standards for evidence and defining key terms. It also outlines defenses available to manufacturers, such as misuse of the product or assumption of risk by the consumer.

Federal regulations, including those from the Consumer Product Safety Commission, also play a role in Chicago product liability cases. These set safety standards for various products and can influence the outcome of your claim.

Illinois Strict Liability Rules

In Illinois, strict liability for product defects allows an injured party to recover damages from a manufacturer or seller without the need to prove negligence. This legal doctrine holds parties in the distribution chain responsible for injuries caused by defective products that are unreasonably dangerous.

To establish a strict liability claim in Illinois, the plaintiff must prove:

• Defective Condition: The product was in a defective condition when it left the defendant's control.
• Unreasonably Dangerous: The defect made the product unreasonably dangerous to the user or consumer.
• Causation: The defect was the proximate cause of the plaintiff's injury.
• Foreseeable Use: The product was used in a manner reasonably foreseeable by the manufacturer.

Under Illinois law, purely economic losses (such as lost profits or the cost to repair or replace the defective product) are generally not recoverable under strict liability in tort. These losses may be pursued under breach of warranty or contract claims instead.

What Type of Compensation is Available in Chicago Product Liability Cases?

If you've been injured by a defective product in Chicago, you may be eligible for various types of compensation. Medical expenses are often a primary focus, covering costs for treatments, surgeries, medications, and ongoing care related to your injury.

Other examples of potential compensation include the following:

• Lost wages can be recovered if your injury prevented you from working. This includes both past and future earnings if your ability to work has been permanently affected.
• Pain and suffering damages compensate for physical discomfort and emotional distress caused by the injury. These non-economic damages can be substantial in severe cases.
• Property damage may be claimed if the defective product caused harm to your belongings. This could include repair or replacement costs for damaged items.
• In cases of extreme negligence, punitive damages might be awarded. These are intended to punish the manufacturer and deter similar behavior in the future.
• Rehabilitation costs, including physical and occupational therapy, can be part of your compensation package. This ensures you receive the necessary support for recovery.
• If your injury has affected your relationship, loss of consortium damages may be available to your spouse. These damages address the impact on companionship and marital benefits.