All companies that make and sell products have a responsibility to ensure their products do not cause any undue harm to consumers. Illinois law states that injured plaintiffs of defective products may hold the maker of that item liable for compensating their damages.
Cook County defective products lawyers have many legal paths they could use to help plaintiffs in defective products lawsuits collect compensation. These include proving that the product was never safe from a design standpoint and that the product was assembled in an unsafe way. A dedicated personal attorney could also help you investigate the cause of your injuries, make an accurate accounting of your losses, and pursue compensation accordingly.
Obligations of Manufacturers
Put simply, any maker of a product or a product’s seller must ensure that their product is safe for normal use. An injury that results from the use of that product may not automatically serve as grounds for a valid civil claim. A plaintiff must prove that the maker of the product carried legal liability to collect compensation, which could be done in one of two ways.
A plaintiff may be able to pursue a case for their injuries using a simple negligence claim. To prove negligence, the plaintiff must successfully argue that a failure to uphold a duty of care on the part of the designer, manufacturer, or distributer directly resulted in the plaintiff’s injuries.
Legal Negligence in Defective Product Cases
Common examples of legal negligence in defective product cases may include:
- Design flaws that created a dangerous condition
- Errors in assembling the product that left the item in an unsafe condition
- Damage caused to the item during shipping that resulted in an unsafe product
- Failure to warn of known dangers on the product’s packaging
Strict Liability in Defective Products Cases
The other means of collecting compensation could involve making the argument that the seller carried strict liability. If a plaintiff satisfies the three elements of this claim as they were established in Coney v. J.L.G. Industries, Inc., they could prove their case. These elements are:
- The injury resulted from a defect in the condition of the product
- The defect was unreasonably dangerous
- The defect existed at the time that the product left the maker’s control
A Cook County defective products lawyer could work with potential plaintiffs to help them to choose the legal theory that provides the best chance of success in a defective products case.
Possible Limitations to Injury Claims
Typically, an injured plaintiff must show that they were using the product that hurt them as intended in order to prevail in a defective products case. If a chair collapses because someone was using it as a footstool instead of as a seat, that person may have a difficult time collecting compensation for any resulting injuries, since they were not using the chair as it was designed to be used.
The statute of limitations is another common legal factor that may hamper a defective products case. As it typically does for slips and falls, car accidents, or all other personal injury cases in Illinois, the law limits when a plaintiff could ask a court to hear a lawsuit about a defective product. Under 735 Illinois Compiled Statutes 5/12-901, all cases involving a defective product that causes physical injury must be in court no more than two years from the date of the injury.
Corporate defendants and their legal teams may attempt to draw out a defective product case by demanding intensive depositions or conducting lengthy investigations. Seasoned defective products lawyers in Cook County understand the common defenses utilized by defendants and could move quickly to counter them.
Contacting a Cook County Defective Products Attorney
It may be reasonable to expect that you will not be hurt when using a consumer product correctly. Product errors in design, manufacture, shipping, or even marketing may place you in an unsafe condition. This could result in severe injuries that may threaten your health, finances, and mental wellbeing.
A Cook County defective products lawyer could be dedicated to holding negligent makers and sellers of products responsible for their actions. Call today to find out how a dedicated attorney could work on your behalf to gather necessary evidence, frame your case within the law, and demand full compensation for your losses.
