When you buy a product, you expect it to work safely and as intended. Many consumers are used to a product failing to perform as expected. Fortunately, many defective products do not end up hurting anyone. However, when a defective product causes an injury, the manufacturer should be held accountable for selling a dangerous product.
A product liability claim allows injury victims to get compensation for injuries caused by a defective product, including medical bills and lost wages. If you suffered an injury from a defective product in Aurora or the Chicago area, contact the Cullotta Bravo Law Group today.
Product Liability Claims in Illinois
A product liability claim generally involves an injury or damage caused by a defective product. Product defects generally fall under one of the following:
- – Manufacturing defect
- – Design defect
- – Failure to warn
Examples of product defect claims in Illinois can include:
- – Tire defects
- – Brake defects
- – Defective airbags
- – Defective seat belts
- – Child car seat defects
- – Defective medicne
- – Defective medical devices
- – Exploding batteries
- – Dangerous children’s toys
- – Products containing lead
- – Products leaking corrosive liquids
- – Faulty wiring in appliances
A manufacturing defect involves a problem with the product that happens during the manufacturing process. During production, the product departs from the intended design and is sold to consumers in a state that makes it more dangerous than a reasonable consumer would expect. Manufacturing defects may be caused by using substitute or cheaper materials or poor quality control during manufacturing.
A design defect involves a product that is inherently dangerous as designed. An example of a design defect could be a seat belt system where the belt moves against a sharp metal edge. Over time, the seat belt could become worn and break in an accident. The way the seat belt system was designed makes the product dangerous to an unsuspecting consumer.
Failure to Warn or Inadequate Warnings Defect
A failure to warn generally involves a product where the labeling does not warn consumers about hidden dangers of the product.
An example of a failure to warn defect may be a toilet bowl cleaner that does not warn about using the product in combination with bleach, which may produce toxic chlorine gas. It is foreseeable that consumers would use a toilet bowl cleaner and a bleach product when cleaning a bathroom and the cleaning product manufacturer should warn consumers about the danger.
Who is Responsible for a Defective Product in Illinois?
In Illinois, there is strict liability for product liability cases. This means that the consumer does not need to show that any specific person or party was negligent in putting out a dangerous product. Strict product liability is imposed without regard to traditional questions of fault or the user’s ordinary negligence.
To recover in strict product liability, the injury victim must prove:
- – The injury resulted from a condition of the product manufactured or sold by the defendant
- – The condition was an unreasonably dangerous one
- – The condition existed at the time the product left the manufacturer’s control
The parties subject to strict product liability can include any party engaged in the business of putting the product into the “stream of commerce.” this could include:
- – Manufacturer
- – Supplier
- – Wholesaler
- – Retailer
Manufacturer Claims the Plaintiff Contributed to the Injury
Strict liability generally applies even if the plaintiffs showed ordinary negligence in using the product. However, it may be a defense if the defendant shows the injury victims assumed the risk. Assumption of the risk requires showing the plaintiff knew of the specific product defect, understood and appreciated the risk of injury, and used the product in disregard of the known danger.
Damages in a Product Liability Claim
In a product defect claim, the injury victim can seek compensatory damages for their losses. Damages cover the economic and non-economic losses caused by the accident, which may include:
- – Property damage
- – Medical expenses
- – Future medical care
- – Lost income
- – Loss of future income
- – Pain and suffering
The manufacturer may try and offer a small settlement offer to get you to give up your rights to sue. However, the settlement may not be enough to fully cover your losses. Talk to your Aurora and Chicago product liability injury lawyer about your injuries and how to make sure you recover the maximum compensation.
Fatal Product Defect Accidents
A wrongful death claim allows certain family members to file a wrongful death claim against those responsible for the accident. The surviving family members can get damages for their losses caused by the death of a loved one. Wrongful death claims are generally filed by the personal representative of the deceased. The personal representative may be the surviving spouse or next of kin.
In Illinois, most wrongful death claims must be filed within 2 years after the death of the accident victim. Talk to your Illinois product liability attorney as soon as possible after the death of a loved one caused by a defective product. Filing your claim too late may mean the manufacturer gets away with selling a dangerous product without being held accountable.
How Much Time Limit to File a Product Liability Claim in Illinois
There is a limited amount of time to file a product liability claim in Illinois. Most personal injury lawsuits have to be filed within 2 years of the accident or injury. Filing the claim too late may mean the claim is denied and the injury victim cannot recover damages for lost income or medical bills.
It may take time to track down the parties responsible for the defective product, so do not wait to take action. Talk to your Illinois personal injury lawyer as soon as possible after an injury to make sure your claim is filed in time.
Aurora and Chicagoland Product Liability Attorney
If you were injured by a defective product in Aurora, Chicagoland, or DuPage County, you need an experienced Illinois personal injury lawyer. Contact an injury attorney with a proven track record of success. Contact the Cullotta Bravo Law Group today at 630-898-7800 to schedule your free consultation.