Whether you purchase a product for yourself, a friend, or a family member, you assume that it was tested for safety and that you can trust it. Unfortunately, this is not always the case.
Each year, numerous Americans of all ages are injured by defective products that they should have been able to trust. Fortunately, a skilled attorney could help you file a product liability claim in court if you or someone you know is one of these Americans. If a defective product injures you, call an Oak Lawn defective products lawyer today to start exploring your options. En Español.
Defining Defective Products
United States public policy established a variety of consumer safety laws to free consumers from having to worry about the products that they buy being poorly designed, inadequately manufactured, or bereft of accurate warning labels. When a company produces a product that falls into one of these categories, they may be held responsible.
These lawsuits are not only important to the victim and their family but also to society, as they alert the public about the dangers of the product. Among many others, this is just one reason why hiring a qualified Oak Lawn defective products attorney could be so important.
Statute of Limitations
It is important to note that product liability cases in Illinois must be filed in court within two years of the date of injury. This is in accordance with 735 ILCS 5/12-901 and is known as the statute of limitations for defective products cases.
If an injured person fails to file their lawsuit within this timeframe, they would likely forfeit their right to ever seek compensation for their injuries from these circumstances. A seasoned Oak Lawn defective products lawyer would be aware of these time limitations and could act quickly to get a case filed within this limited timeframe.
Product Liability Legal Theories
An Oak Lawn defective products lawyer could use one of two legal theories to prove an injured person’s case. Certain cases may be based on negligence like most other personal injury lawsuits, but many fall under the umbrella of strict civil liability law.
Under negligence theory, it must be proven that the manufacturer of the product had a duty of care to the injured person, that there was a breach of this duty, that the breach directly led to the plaintiff’s injuries, that the injury was foreseeable, and that the plaintiff suffered an injury that should be compensated. The aforementioned duty of care belongs to anyone who was a part of getting that product to the consumer—for instance, the retailer, manufacturer, or assembler of the product.
As with negligence theory, strict liability law allows for any party involved in the chain of distribution of the defective product can be held liable when it causes harm to someone. Under strict liability theory, however, the plaintiff only needs to prove that the injury occurred due to a condition or defect of the product sold by the defendant, that the condition or defect was unreasonably dangerous, and that the defect existed when the product left the control of the manufacturer.
Speaking with an Oak Lawn Defective Products Attorney
An experienced Oak Lawn defective products lawyer could know the best strategies and legal theories that may increase your chances of getting a fair settlement or verdict. Your attorney could strive to keep you informed and answer your questions about product liability cases, working all the while to decrease your stress and get you the compensation you deserve. Call today to find out more.