Illinois product liability claims and strict liability lawsuits
Here’s what you need to do to be prepared for a product liability lawsuit, who the defendants could be, and how they might argue their defense.
We all use products.
No matter how much you like to DIY or if you’re a minimalist or you search secondhand sales or thrift shops… we have our stuff.
Even today, when so much is automated or AI, much of our stuff is made by humans—or humans who program the technology that makes it. And that means sometimes there are defects in products, because most people and systems are imperfect.
Types of Illinois product liability claims
Illinois product liability is the area of law that allows an injured person to recover damages if their injury was caused by a defective product.
There are a few ways this could happen:
Manufacturing defect
These defects happen during the manufacturing process. It could be a screw that’s not properly tightened, an incorrect type of paint used, exposure to temperature that damages the item, or any number of issues that could happen.
Design defect
This can happen if there is something inherently wrong about how the product was designed that makes it dangerous. For example, a camping tent that doesn’t have enough supports and can collapse would be a design defect—even if built exactly according to specifications and no flaws in the manufacturing process, it would still be able to injure a user.
Marketing defect (or failure to warn)
This is the manufacturer’s failure to provide adequate instructions or warnings. The plaintiff would have to prove that the manufacturer did not disclose an unreasonably dangerous condition or did not provide instructions on proper use of the product. For instance, think about how you always see big, red warnings on electrical appliances that advise not to use them near water. That’s an example of the manufacturer warning the user about a condition that would make the product dangerous if used incorrectly.
Who is liable for an Illinois defective product claim?
It’s not always the manufacturer.
Any party in the chain of custody of a product can be liable, depending on the type of defect. This could include manufacturer, designer, wholesaler, distributor, seller, retailer, manufacturer of a particular part, and others. There could be multiple defendants, but the plaintiff would need to prove how each supplemental party was responsible for the injuries.
If it’s a design defect or failure to warn, the manufacturer would be liable. However, if the product is significantly altered after leaving the manufacturing facility, or if the product is used incorrectly, then they might not be responsible for injuries.
Illinois legal theories for product liability claims
A plaintiff can make three main arguments in an Illinois product liability lawsuit.
Illinois law says that a manufacturer and distributor has a responsibility to sell products that are safe and not dangerous when used correctly. Strict liability means the manufacturer can be sued without the plaintiff being required to prove negligence—that’s because a manufacturer has a greater level of responsibility than the average defendant and must ensure their product is safe for the consumer.
Strict liability does not depend on negligence or intent.
However, strict liability is not automatic. The plaintiff still must prove these elements for a successful claim:
- The product’s defect or condition caused the plaintiff’s injury;
- The product was unreasonably dangerous; and
- The defect existed at the time the product left the defendant’s control.
Defenses to an Illinois product liability claim
Some manufacturing companies have deep pockets—and there could be a team of lawyers just waiting to defend against a claim like yours.
You might be injured by a product once in your lifetime, but they defend these types of claims all the time. That means they know exactly what to say and do to minimize the amount of damages the company has to pay.
Here are some defenses you’re likely to see in a product liability lawsuit:
- Abnormal use or misuse
The defendant might try to claim that the use of the product by the plaintiff was “abnormal” or incorrect. They will claim that the plaintiff’s injury was actually caused by their own negligent use of the product, and not because of a particular defeat. In most instances, the defendant needs to show that the use was unforeseeable or dangerous. - Assumption of risk
This defense is based on the premise that the plaintiff knew of the possibility of injury and accepted it anyway, thereby assuming the risk. - Intended user defense
This suggests the product was not intended for the person who was injured through its use. For example, some states limit the use of drawstrings on clothing for children. If a child was wearing an adult-sized garment and is injured by a drawstring, the defense can claim that it was not intended as children’s clothes and they are therefore not liable. - Substantial change defense
- The defense lawyers might argue that the item was not inherently defective, but the product was somehow modified or altered in a way that caused the injury. However, this only holds if the modification would have been “unforeseen” by the defendant.
Examples of product liability lawsuits
Although any product could give way to a lawsuit, here are some of the more common that Illinois courts have heard:
- Airbags
- Cribs, rockers, and other child and baby products
- Cars and trucks
- Medical devices and pharmaceuticals
- Dangerous chemicals
- Yard or construction equipment (lawnmowers, etc.)
If you’ve been injured by a defective product and think you might have a lawsuit, you can contact an Illinois product liability attorney for guidance.
Did you know that product liability law varies by state?
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more