Products liability arises when a maker, distributor, or seller is found responsible for injuries that occur because of defective products or their warnings.
What Kind Of Law Is Products Liability?
Everyday, a countless number of victims are hurt by faulty products: car tires unexpectedly blow out, medications create unintended side effects, or toys wound little children. At this point, however, it is just an accident. What products liability generally refers to is the obligations that manufacturers, distributors, and other persons or entities on the distribution chain have to deliver products that are safe for the reasonable and foreseeable use of their customers. The test that is commonly used to identify faulty products is does the item meet the ordinary expectations of its buyer? If they are defective in any way and that defect injures you, then you might be able to bring a products liability lawsuit against that actor.
How Will I Know If I Have A Products Liability Suit?
Products liability lawsuits are very complicated kinds of cases both in terms of their substance and their requirements. Therefore, it can be difficult to determine if you will be able to file one or if you will be able to recover for one in Illinois and around the country. However, there are a couple of points that you can focus on to identify if it would be worth it to pursue compensation in court for product injuries. Here is a list:
- Were you the original purchaser of the product?
- Did you use the product as it was intended to be used?
- Did you read and follow any warnings or instructions that came with the product?
- Did anybody else contribute to the accident that caused your injuries?
- Did the accident occur less than two years ago?
Of course, this list does not cover everything and you should consult a knowledgeable attorney to consult on the matter. Yet, this should provide a quick glimpse into the value of litigation after your accident.
How Is Products Liability Different Than Other Kinds Of Law?
Due to the relative complexity of products liability actions, many people in Illinois fail to grasp the difference between these and other types of lawsuits. When compared to negligence, the main variety of civil suit, products liability cases are extremely different. Negligence weighs the reasonableness of both the defendant’s and the plaintiff’s conduct in determining who was more responsible than the other for the accident. On the other hand, products liability cases find defendants strictly liable or not. This means that defendants are strictly responsible for plaintiffs’ injuries if the product was reasonably and foreseeably used as intended regardless of the conduct of the victim. The plaintiff’s negligence is not considered for the purposes of strict responsibility in products liability lawsuits. The other main kind of case that differs from products liability cases is intentional torts. These look to see if the defendant intended the harmful or wrongful act that injured the plaintiff. Obviously, intent is not a consideration for products liability suits and in this way the two are vastly different.
Want To Know More About Illinois Products Liability Cases?
Rosenfeld Injury Lawyers has represented many victims in Illinois that have suffered injuries due to defective products. We can help you at no cost until the trial is over and you are satisfied. We guarantee that you will receive all of the experience, access, and resources that your suit requires. Call Rosenfeld Injury Lawyers today to get your case started.
For additional information see the following pages:
- Does It Matter If The Product Had a Disclaimer, Warning or Other Instructions?
- How Soon Must I Bring My Products Liability Case?
- How Will Rosenfeld Injury Attorneys Help Me If I Have Been Injured by a Product?
- What Are Some Facts About Product Liability Accidents And Lawsuits?
- What Are The Laws Surrounding Products Liability Cases in Illinois?
- What Can I Recover From a Products Liability Case?
- What Do I Need To Prove At Trial in a Products Liability Lawsuit?
- What Have Other Products Liability Plaintiffs Recovered?
- Who Can I Sue in a Products Liability Case?