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The term 'dangerous product law,' often referred to as product liability law, encompasses legal rules concerning who is responsible for defective or dangerous products. These laws are a subset of personal injury law and came into existence in Chicago due to instances where injured consumers were unable to receive compensation since they were not the immediate purchaser of the product. Product liability laws make it easier for an injured party to recover damages by holding all parties in the product's distribution chain responsible.
Individuals often need a dangerous products lawyer when they have suffered an injury or harm as a result of using a product that is defective or didn't provide adequate instructions or warnings about its proper use. Businesses may also require legal assistance to defend themselves in cases where they're accused of manufacturing or selling a dangerous product. A lawyer can guide you through the complex legal procedures, negotiate on your behalf, and represent you in court if necessary.
In Chicago, like many other areas of the United States, liability for defective products falls under both the state's negligence law and strict liability rules. Under negligence law, the plaintiff must prove that the defendant failed in their duty of care to make and sell a safe product. Under strict liability, however, the plaintiff only needs to demonstrate that the product was defective, eliminating the need to prove negligence.
A product is considered defective if it has a manufacturing or design defect, or if it lacks appropriate instructions or warnings. The defective product must also cause some injury or damage to the consumer.
Any party in the product's distribution chain can potentially be held liable. This includes the product's manufacturer, the manufacturer of components of the product, the party that assembles or installs the product, the wholesaler, and the retail store that sold the product to the consumer.
In some cases, yes. Illinois law imposes some limits on punitive damages, but not on compensatory damages, which include medical expenses, lost wages, or property damage.
Typically, you need to prove that the product was defective, that the defect caused your injury, and that you suffered damages as a result.
According to Illinois law, a product liability claim must be filed within two years from the date the injury was discovered, or reasonably should have been discovered.
Additional resources include the Illinois Legal Aid Online and the Illinois Attorney General's office. These organizations can potentially provide useful information and assistance regarding dangerous product laws in Chicago.
If you need legal assistance, the first step is to consult with a lawyer specializing in product liability or personal injury law. Be prepared to provide them with as much information about the product and your injury as possible. This may include the product's purchasing information, any documentation you have relating to the product, and medical records of your injury. The more thorough the information you provide, the better they can assess your case and guide you through the legal process.
