Product liability is a legal concept that holds manufacturers and retailers accountable for any harm caused by products they make or sell. Under product liability laws, the manufacturer and retailer can be held liable for damages caused by dangerous and defective products.
These companies must ensure that the products they make are safe, up to industry standards, and free from defects. When they fail, they may be liable for any consequences, and that’s when you need the help of a Chicago product liability lawyer.
Our Attorneys Could Help You With File A Product Liability Claim
Were you or a loved one harmed by an unreasonably harmful product? The Chicago product liability team at Rosenfeld Injury Lawyers, LLC have represented clients to ensure they receive compensation for their damages.
Federal Product Liability Laws
The federal government has laws that protect consumers from hazardous products, including the Federal Products Liability Law. This law guarantees that consumers can seek compensation if they have been injured due to a defective product.
Under the law, a product’s manufacturer, distributor, or retailer may be liable for any harm caused by their goods. This law applies to many products, including mold, firearms, automobiles, and other consumer goods.
Victims filing product liability suits must prove that the product was sold with an unreasonably dangerous defect. In some cases, they also must show that the seller had knowledge of the defect and failed to fix it or warn consumers.
In addition to protecting consumers from harmful products, federal product liability codes also provide incentives for manufacturers and retailers to ensure that their goods are safe.
By holding them accountable for faulty products, these laws incentivize manufacturers and retailers to take all necessary precautions when producing items for sale.
Illinois Product Liability Laws
There are several statutes specific to the state of Illinois that limit when manufacturers can be held responsible for injuries sustained by products.
A product liability lawsuit must be filed within two years in the case of a personal injury, or within five years in the case of property damage.
Additionally, the product must have been delivered to the initial customer within the last ten years, or it must have been given away by the seller, whichever time period expires first.
Strict Liability Law
Strict liability holds entities responsible for the harm caused by their actions, regardless of fault or negligence.
Under this doctrine, those who produce, sell, or use unsafe products can be liable for injuries caused by the product even if they took precautions during the manufacturing process.
These laws protect consumers from dangerous products and discourage manufacturers from releasing them into the marketplace. In these cases, proving that the manufacturer was negligent in producing the item is unnecessary.
Instead, they must demonstrate that the product caused their injuries. Liable parties may include retailers, wholesalers, distributors, designers, and manufacturers.
The law ensures that victims of harmful products can pursue compensation. In addition, this doctrine also provides incentives for manufacturers to produce safe products and reduces product-related injuries in society.
Consumer Product Safety Commission
According to estimates from the Consumer Product Safety Commission (CPSC), approximately 45,000 products in the United States pose a significant risk of injuries or death.
These products include common household items with toxic chemicals like asbestos, pesticides, herbicides, and mold. Firearms, autos, motorcycles, seat belts, and airbags are also harmful.
Dangerous and defective products the CPSC lists as harmful include:
- Children’s toys
- Electronic devices
- Defective drug
- Medical devices
- Illegal medications, dangerous drugs, and tobacco products
- RV and other motor vehicles
- Children’s products
- Gasoline engines
- All-terrain vehicles (ATVs)
- Fireworks and flammable products
- Pool drains and covers
The number of injuries and wrongful deaths caused by consumer products is alarming.
Each year, the CPSC estimates that around 21 million Americans suffer injuries due to a defective product, while over 300 people experience wrongful death. Many victims are children and the elderly.
Despite these staggering figures, it is important to remember that most products today are safe for use.
Federal product safety legislation helps ensure that every item is safe. However, this does not mean we should take our safety for granted.
Filing a Products Liability Claim Involving a Defective Product
Filing a product liability claim requires understanding the legal steps that must be taken to prove your case through legal action.
To do this, you will need to be able to provide evidence that the product was defective or dangerous when it left their hands. Common examples of evidence include proof of design defects, manufacturing defects, or failure to warn about potential hazards with the product.
Under product liability law, you must demonstrate that the damages directly resulted from using the product as intended. Expert witnesses can help determine the value of these complex cases.
The next step in filing defective product claims is filing with an appropriate court system.
Depending on the jurisdiction, several court systems are available for personal injury lawsuits. It is also important to note that some damages, such as economic damages caused by medical bills or lost income, may require additional documentation.
Non-economic damages like emotional distress can complicate the lawsuit.
Who Pays the Compensation in a Products Liability Case?
When a dangerous or defective product injures a person, they may be entitled to a monetary recovery from the parties responsible for its design, manufacture, distribution, and sale. In product liability cases, the compensation is generally paid by the supply chain entity responsible for the defect.
The legal responsibility of entities in the supply chain is known as strict liability. Under this principle, those in charge of manufacturing a product must ensure that it is safe to use without any foreseeable risk of harm.
When these obligations are breached, and injuries result, those responsible can be held liable. In addition to financial compensation, courts may require the defendant, or their insurance company, to implement corrective action such as ordering product recalls or issuing warnings about potential hazards.
Compensation owed will depend on factors such as the severity of injury caused by the product and economic losses suffered due to medical bills or lost wages. Victims need to consult a lawyer to ensure they understand their legal rights.
Recovering Damages for Serious Injuries from a Dangerous or Defective Product
Were you or a loved one hurt by a dangerous product and suffered a serious injury? Are you facing huge medical expenses and seeking legal options to hold the manufacturer accountable?
Hire An Experienced Law Firm
Our firm has extensive experience and accepts every case on a contingency fee basis, meaning you only pay our legal fees once our lawyers obtain maximum compensation for your family.
The Role of a Product Liability Lawyer
The importance of having a skilled and proficient attorney becomes evident when dealing with the complexity of product liability claims.
Engaging the services of a Chicago product liability attorney’s services can significantly impact your case’s outcome. These legal professionals specialize in representing individuals who have experienced harm or incurred damages as a result of using faulty products.
Product liability matters pertain to the obligation of producers for damages incurred due to flaws in their products, leading to harm inflicted on individuals or property.
Product liability laws in Chicago and across the United States aim to safeguard consumers’ interests while ensuring that manufacturers are held responsible for any harm caused by their merchandise.
Product liability risks extend beyond mere compensation and can include product recalls and damage to a company’s reputation. These claims can be complex and require extensive knowledge of the legal system and the industry involved.
Tips for Working with a Chicago Product Liability Attorney
If you’ve been injured or suffered damages due to a defective product in Chicago, it’s important to understand your rights and options.
A Chicago Product Liability Lawyer can help you navigate the city’s complex world of product liability laws. Viscusi’s report highlights the importance of workers’ compensation and tort liability in these cases.
From a legal standpoint, a worker can pursue a tort remedy in a product liability case only if some third party is responsible for the accident or illness.
In cases where workers sustain injuries while performing their duties, they are entitled to receive benefits through the workers’ compensation system regardless of fault.
However, seeking a tort remedy is only possible in situations involving product liability claims if someone other than the injured worker can be held responsible for the accident or illness.
This signifies that should you suffer harm due to a faulty product in your workplace; there may be an opportunity for holding accountable parties such as the manufacturer or another entity through pursuing a claim.
Our Chicago Product Liability Attorneys Accept Cases Nationwide
While our law office is in Chicago, we accept cases throughout the United States. Call today for your free consultation.
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