What Are The Laws Surrounding Products Liability Cases in Illinois?

State law governs products liability cases in Illinois because federal law does not speak to this issue. Under state law, there are various types of claims you could make for similar accidents depending on the circumstances. Here is an overview of each of them:

• NEGLIGENCE: In a negligence action, your claim must be that the manufacturer/distributor/retailer failed to act as a reasonable party would have in the circumstances. Further, this conduct resulted in the injury of one or more people because of the creation, distribution, and sale of a defective product.
• STRICT LIABILITY: In strict liability actions, you do not need to show that the defendant was negligent. You merely need to show that you were harmed by a product that is considered unreasonably dangerous or defective by its very nature. Categories of products that might have strict liability include harmful substances, construction, and transportation.
• BREACH OF WARRANTY: Breach of warranty actions involving products liability argue that the maker or seller induced you to buy the item with certain promises, those turned out to be false, and that you were injured because of it.
• COMMERCIAL CODE: The Uniform Commercial Code, which Illinois adopts and adheres to, requires sellers to, among other things, place safe products into the market and honor all promises they make regarding them. If they breach any of these obligations, consumers have a basis to bring an action for damages.

If you are injured because of a defective product and decide to bring a lawsuit in Illinois or any other state for that matter, then you will soon be hit with arcane references to statutes, cases, and codes. You might wonder how they all go together and what you should look to first. First, it’s important to remember that only states have jurisdiction on products liability issues in America-Congress and the federal judiciary have no say. After that, you should start with the laws that various states pass on the subject. Then, look to how state agencies interpret them through codes and regulations. Finally, see how state courts interpret these laws and codes for precedential effect. By using this scheme, you will be better able to see how your case will play out in trial and on appeal.

Trial is a very mechanical and structured event. There are strict rules and requirements. In order to be successful, you need toclear various procedural and substantive hurdles. It’s like an elaborate dance with several moves. Compared to trial, settlement is like the Wild West. Within the confines of the settlement process, parties are free to use their strengths in order to extract the most advantageous settlement possible. Generally, they need only receive approval from the judge regarding the outcome. Much of the process that leads up to the settlement agreement is left up to the party’s discretion. Therefore, the rules regarding trial and settlement with products liability cases are very different and can vastly change a plaintiff’s outcome especially if there is a large discrepancy in resources between both sides.