Whether it is a crib rail that temporarily traps an infant, a carbon monoxide detector that fails to function, a chainsaw that fails to turn off, or a car with failed brakes, the potential impact of a defective product can be incredibly serious and often deadly. In short, defective products can be nearly any product that causes severe injury or even death.
Consumers and the federal government reasonably expect that products sold within the United States will be safe for their designed use and come with proper instructions for use. However, as any experienced personal injury attorney unfortunately knows, not all products fit this description. A Bolingbrook defective products lawyer may be able to file a lawsuit on your behalf if you have suffered injuries from a defective product.
In the state of Illinois, attorneys can use two different legal theories in order to attempt to seek compensation for the victim. Depending on the circumstances, a defective product lawsuit in Bolingbrook can be based on the theory of legal negligence or the theory of strict liability.
Legal negligence is the most common theory used in personal injury law and is the preferred theory of many Bolingbrook defective products lawyers. Under this theory, the plaintiff in a defective products case must prove that the product’s manufacturer had a duty to provide a safe product or to provide proper instructions on how to safely use that product.
Then, it must be established that there was a breach of that duty which directly led to the injuries of the plaintiff. The plaintiff’s attorney must also prove that the injury was foreseeable to the defendant and that the plaintiff can—and should—be compensated for their injuries.
The legal theory of strict liability can be applied to any party that contributed to the chain of distribution of a defective product. With this theory, the plaintiff and their attorney only need to prove that the injury happened because of a product defect or condition posed an unreasonable danger and that the product was defective when it left the possession of its manufacturer. Unlike negligence theory, they do not necessarily need to prove that the manufacturer was overtly negligent, just that they were responsible for the state of the product they produced and sold to the plaintiff.
When a victim is injured by a defective product, the clock starts ticking on how long they have to file a lawsuit. According to 735 ILCS 5/13-202, a Bolingbrook defective product injury case must be filed no later than two years after the date of the injury. This deadline is known as the Illinois statute of limitations.
Victims who contact a defective products lawyer in Bolingbrook sooner rather than later after their injuries may increase their chances of receiving compensation for their damages. This is because evidence and other pertinent information can be gathered and preserved early on that may not be accessible as more time passes. For more insight, get in touch with a Bolingbrook defective products lawyer today.
Receiving an injury from a defective product can be overwhelming and confusing. By contacting a skilled Bolingbrook defective products lawyer, you could obtain assistance in doing all that you can to recover from your injury.
Experienced attorneys should be well-versed in using several different legal theories when it comes to holding defective product manufacturers and distributors accountable. Call today to find out if your defective products case has merit.