Personal injury or property damage due to defective products can be painful and costly. The outcomes of these situations are often hard to predict, and their effects can be long-lasting and potentially life-threatening.
If you have experienced personal injury or property damage due to a defective product, you could seek recourse with a DuPage County defective products lawyer’s assistance. 735 Illinois Compiled Statutes 5/12-901 sets the statute of limitations for a personal injury claim at two years and a property damage claim at five years, so it may be important that you talk to a personal injury attorney as soon as possible to ensure you can effectively pursue the damages you deserve.
Types of Defective Product Cases
As a matter of public policy, no consumer should have to be worried that the products they buy and use may cause harm to them or their property. If products cause damage, Illinois state law recognizes three kinds of liability claims that consumers may file to seek civil damages.
Strict Liability
Strict liability claims may apply to manufacturers who sold or leased products that were unreasonably dangerous. It is irrelevant in these situations whether the manufacturer was negligent or if the consumer was in using the product. All that matters in these cases is if normal use of the product presented an unreasonable risk of harm to the user.
Negligence
In negligence claims, the manufacturer is allegedly liable for the plaintiff’s personal injury or property damage because they were careless in designing, manufacturing, or selling the product. A common basis for a liability claim in DuPage County defective product cases is a company failing to warn consumers of the dangers their product posed.
Breach of Warranty
Breach of warranty cases are based on a product not performing as promised by the retailer. Retailers are legally expected to provide reasonable warranties for their products so consumers can know what they could reasonably expect from the product in terms of functionality and potential dangers.
Common Defects Found in Product
In any liability claim, it is the responsibility of the plaintiff to prove that the product was defective. There are three kinds of defects that the law recognizes, centering around a product’s design, manufacturing, or marketing.
If the defect in question is present in the product from the beginning, then it is a design defect. This defect makes every incarnation of the product inherently unsafe. Conversely, a defect that results from the manufacturing process means only a singular incarnation of the product deviated from its intended construction during manufacturing.
Finally, a product can still be considered defective if it was designed and manufactured without defect but was marketed in a flawed manner. An example of this kind of defect is if a manufacturer or retailer fails to clearly disclose a product’s associated risks on or inside the product’s packaging.
How a DuPage County Defective Products Attorney Could Help
If a defective or dangerous product harmed you personally or damaged your property, you may be able to seek compensation from those responsible for the defect. Even if a product is inherently unsafe during normal use, it is still the responsibility of those who make and sell the product to warn consumers of these dangers.
Defective products law can be complex, and it can be difficult for injured parties to file an effective lawsuit on their own. If harm has come to you from the use of a product, a DuPage County defective products lawyer could help guide you through the civil litigation process. To get started on your case, call today to schedule a consultation.