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Your Legal Options for Defective Products

 Posted on April 11, 2024 in Defective Products

Rolling Meadows personal injury lawyerAs a consumer, you trust that your products are safe and will function as intended. Unfortunately, defective products can cause serious injuries, property damage, and financial losses. If a defective product has harmed you, it is essential to understand your legal options and the steps you can take to protect your rights with an Illinois lawyer with decades of experience.

What You Should Know About the Product Liability Law

Product liability law in Illinois allows consumers to hold manufacturers, distributors, and retailers accountable for defective products that cause harm. There are three main types of product defects recognized under Illinois law:

  • Design defects: This happens when the design of a product is fundamentally defective, making it excessively hazardous even when utilized as directed.
  • Manufacturing defects: These happen when a product deviates from its intended design during the manufacturing process, resulting in a defect that makes it unsafe.
  • Warning defects: This happens when a product does not have sufficient warnings or instructions regarding its potential risks or correct usage.

Product liability claims can be based on strict liability, negligence, or breach of warranty. Strict liability means that you do not have to prove that the manufacturer or seller was negligent; you only need to show that the product was defective and caused your injuries.

Pursuing a Product Liability Claim

If you believe you have a product liability claim, it is crucial to take the following steps:

  • Preserve the evidence: Keep the defective product, its packaging, and any related documentation, such as receipts or warranties. This evidence will be essential in proving your claim.
  • Seek medical attention: If you have been injured, seek medical care immediately. Keep records of your treatment; these will be important in demonstrating the extent of your injuries and damages.
  • Document your losses: Keep track of all expenses related to the defective product, including medical bills, lost wages, and property damage.

Time Limits for Filing a Product Liability Claim

In Illinois, the statute of limitations for initiating a product liability claim is typically two years from the date of the injury or from when the injury was discovered or reasonably should have been discovered. Given the time limit, it is essential to consult with an attorney as soon as possible to ensure your claim is filed within the applicable deadlines.

Seeking Compensation for Your Losses

If a defective product has harmed you, you may be entitled to compensation for your losses, including:

  • Medical expenses: This includes past, present, and future medical costs related to your injuries.
  • Lost wages: If your injuries have caused you to miss work or lose earning capacity, you may be able to recover these losses.
  • Pain and suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the defective product.
  • Property damage: If the defective product caused damage to your property, you may be able to recover the cost of repairs or replacement.

Contact a Rolling Meadows, IL Personal Injury Lawyer

Navigating the consequences of a defective product can be daunting, yet being aware of your legal options is crucial. Familiarizing yourself with your entitlements under Illinois product liability law and collaborating with a Schaumburg, IL personal injury attorney enables you to pursue potential rightful compensation and ensure the liable entities are held accountable for their oversight. Call Newland & Newland, LLP at 847-797-8000 for a free consultation.

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