The last thing you expect is to be injured by a favorite product or even one you purchase on a whim. Illinois, along with every other state, has laws designed to keep consumers safe from defective products. This means everyone from the product manufacturers to the distributors and retailers can be responsible if an injury occurs.
On the other hand, the laws also prevent consumers from filing silly lawsuits like claiming a paper cut caused by the product’s packaging. Before you can start thinking about compensation, establishing fault in a product liability claim is usually a key step in the legal process.
Key Illinois Product Liability Regulations
The Prairie State has a few laws protecting consumers from malfunctioning products. The primary one is the Illinois Product Liability Act. This law provides the general framework for a product liability claim. Everything from outlining the legal basis for filing a compensation claim to the responsibilities of the manufacturers, suppliers, and retailers is also covered under the statute.
So, what does Illinois state law have to say about when a product is considered defective? The law divides defects into three categories:
- Manufacturing defects ─ These defects occur during the manufacturing process, altering a product’s intended design or specifications. For example, if a toy is supposed to be assembled with non-toxic materials but is mistakenly made with harmful substances, it can place children at risk.
- Design defects ─ A design flaw that results in a flawed product regardless of whether the specifications were followed precisely during manufacture.
- Marketing defects (failure to warn) ─ These defects occur when inadequate instructions, labeling, or warnings about the product’s potential risks accompany the product. For instance, consumers may unknowingly put themselves at risk if a household cleaner does not clearly state that it should be kept away from children or that it can produce harmful fumes if mixed with other substances.
If your injury is caused by a defective product and falls into one of the above-listed categories, you should be able to move forward with your liability claim.
Which Type of Product Liability Claim Should You File?
After getting over the shock of being injured by a product. The experience can be a little unsettling and frightening. You’re going to need to figure out what type of product liability claim you have. Yep, there’s more than one type of product liability claim, and filing the wrong one is probably going to end up in an automatic denial. Illinois recognizes three distinct types of product liability claims:
- A negligence claim happens when a manufacturer isn’t exercising reasonable care during the design and/or manufacturing process. In this type of claim, you’ll need to show the four elements of negligence. You must show the manufacturer owes you a duty of care, they breached their duty, and this is the cause of your injury and resulting damages.
- Strict liability claims mean you can skip proving negligence. This is already implied. You can usually file a strict liability claim against a manufacturer anytime a product is dangerous even with proper use.
- The third type of product liability claim is a breach of warranty. You file this type of claim when a product doesn’t live up to its warranty. For example, if you purchase a washer with a ten-year warranty and the appliance only lasts for a couple of weeks.
Since trying to figure out which type of product liability you have can be frustrating, it’s usually best to work with an experienced injury attorney.
Types of Available Compensation in a Product Liability Claim
Regardless of the time of the product liability claim, the types of recoverable compensation stay the same. You should be able to list your economic and non-economic damages.
Your economic damages are things like your medical expenses stemming from your injuries. If the malfunctioning product causes any type of property damage, this is also considered an economic loss. Some injuries caused by defective products are severe enough to cause you to miss work. If this applies in your case, you can include lost current and possibly future earnings in your insurance claim.
If you’re in the habit of throwing everything away, stop it at least during the claim process. You’re probably going to need to produce all of your bills and receipts if you want to recover full compensation. Your non-economic damages are also usually recoverable. These are things like pain and mental anguish. Since you can’t produce bills and receipts as proof of their value, your product liability attorney can help you calculate the value of your non-economic damages.
There’s a chance your product liability claim may also be eligible for punitive damages. This only happens when gross negligence is the cause of your accident and injuries. Punitive damages are also only awarded by a judge or jury so don’t try and list it on your injury claim.
Essential Steps for Filing a Product Liability Claim in Illinois
Okay, you’re ready to start trying to recover compensation in a product liability claim so what steps should you take?
- As long as your injuries are severe, immediately report the problem to the product manufacturer and retailer. Don’t worry, you don’t need to call every store selling the defective product. Just warn the retailer who sold you the item. The manufacturer is responsible for recalling the other malfunctioning items.
- If you suffer serious injuries, seeking medical attention should be your first step. Then worrying about contacting everyone else. Even if your injuries are relatively minor, you still want to make an appointment with a healthcare provider. Not only are you going to need your medical records to help support your claim, but it’s also always a good idea to be proactive about your health.
- Gather evidence of the defective product. This can include the packaging and any pieces of the product left lying around. Hopefully, you still have the product’s receipt. If not, refer to your bank records. You’re going to need to provide proof of sale to move forward with your claim.
Before you start contacting the insurance company, talk to an experienced product liability attorney. This is a step you don’t want to skip.
