About Dangerous Product Law in Illinois, United States
Dangerous product law, also known as product liability law, addresses injuries or damages that result from defective or unreasonably dangerous products. In Illinois, this area of law allows people who are hurt by unsafe consumer goods to seek financial compensation from those responsible for creating, selling, or distributing the product. These laws apply to a wide variety of products, including vehicles, toys, electronics, home appliances, pharmaceuticals, and more. Victims can file claims based on design defects, manufacturing defects, or insufficient warnings about potential risks.
Why You May Need a Lawyer
Legal situations involving dangerous products are often complex and difficult to handle without professional help. You may need a lawyer if:
- You or a family member suffered an injury or illness after using a product as intended
- A product failed and caused property damage or other losses
- You received a recall notice about a product you own
- You need help determining who is at fault for your injury-manufacturer, retailer, or another party
- A business or insurance company is disputing your claim
- You are unsure what evidence is needed to support your case
- You want to ensure you receive full compensation for your medical bills, lost wages, and other losses
An experienced Illinois product liability lawyer can guide you through the investigation, gather necessary evidence, and negotiate with insurance companies or take legal action if needed.
Local Laws Overview
Illinois product liability laws are governed by both state statutes and case law. The Illinois Product Liability Act allows victims to seek compensation if they are injured by a product that is defectively designed, manufactured, or labeled. Key aspects of Illinois dangerous product law include:
- Strict Liability - Manufacturers and sellers can be held responsible for injuries even if they were not negligent, as long as the product was defective and the defect caused the injury.
- Three Types of Defects - Claims can be based on design defects, manufacturing defects, or failure to warn about risks.
- Statute of Limitations - Generally, victims have two years from the date of injury to file a lawsuit for personal injury and five years for property damage.
- Comparative Fault - Illinois follows a modified comparative negligence rule; compensation may be reduced if the injured person was partly at fault, and blocked entirely if more than 50 percent at fault.
- Proof Elements - Claimants usually must show that the product was being used as intended and was unreasonably dangerous due to a defect.
- Economic and Non-Economic Damages - Both direct financial losses (like medical bills) and pain and suffering damages may be recoverable.
Frequently Asked Questions
What constitutes a dangerous or defective product in Illinois?
A product may be considered dangerous or defective if it has a design flaw, manufacturing mistake, or lacks adequate warnings, making it unsafe for its intended use.
Who can be held liable for my injuries from a dangerous product?
Manufacturers, distributors, suppliers, retailers, and sometimes even component part makers can be held liable if their negligence or a defect in the product resulted in your injury.
Do I have to prove negligence to win a dangerous product case?
Not always. Illinois allows for strict liability claims, which do not require proof of negligence, only that the product was defective and caused your injury while being used as intended.
What should I do if I am injured by a dangerous product?
Seek medical treatment, keep the product and any packaging, document your injuries, and contact an experienced attorney as soon as possible.
How long do I have to file a lawsuit for a dangerous product injury in Illinois?
You generally have two years from the date of injury to file a personal injury lawsuit and five years for property damage claims.
What kinds of damages can I recover?
You may be entitled to recover medical expenses, lost wages, property damage, pain and suffering, and in some cases, punitive damages.
Can I sue if I was partly to blame for my injury?
Yes, but under Illinois comparative fault rules, your compensation may be reduced by your percentage of fault. If you are found more than 50 percent to blame, you may not recover damages.
Is there a difference between a recall and a product liability lawsuit?
Yes. A recall is an action by the manufacturer or government to fix or remove a dangerous product from the market, while a lawsuit seeks compensation for injuries caused by a product.
Will my case have to go to trial?
Not necessarily. Many product liability cases are resolved through settlement, but a trial may be necessary if a fair agreement cannot be reached.
How can a lawyer help with my dangerous product claim?
A lawyer can investigate your case, gather expert testimony, negotiate with insurance companies, represent you in court, and protect your rights throughout the process.
Additional Resources
If you need more information on dangerous product issues in Illinois, the following resources may be helpful:
- Illinois Attorney General’s Office Consumer Protection Division - Handles consumer complaints about unsafe products
- Illinois Department of Public Health - Offers resources about product recalls and consumer health warnings
- U.S. Consumer Product Safety Commission (CPSC) - Manages product recalls and educates on dangerous products
- Illinois State Bar Association - Provides legal referral services and information on product liability law
- Local Legal Aid Organizations - Can offer free or affordable legal services for qualifying individuals
Next Steps
If you believe you have suffered from a dangerous or defective product in Illinois, here is how you can proceed:
- Document your injuries, the product, and the circumstances of your case as thoroughly as possible
- Save the product and any packaging, instructions, or receipts
- Seek prompt medical treatment and keep records of your care
- Contact an Illinois attorney who specializes in product liability law to discuss your rights and potential case
- Do not communicate with manufacturers or insurance companies without legal advice
- Act quickly to protect your rights, as laws limit the time you have to file a claim
Legal help can provide peace of mind, improve your chances of a successful recovery, and ensure those responsible for dangerous products are held accountable.
Lawzana helps you find the best lawyers and law firms in Illinois through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Dangerous Product, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Illinois, United States - quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please
contact us, and we will review and update it where appropriate.
