In most personal injury lawsuits such as car accident cases, the negligent party can be charged with behaving neglectfully if the plaintiff/victims can prove it. However, if someone suffered from personal injuries due to defective or dangerous products, the court usually does not need to prove negligence.
Such cases are typically tried under strict liability. This means the court does not care whether the defendant was negligent or not. It focuses on the fact the defendant sold a dangerous and defective product, which was liable to cause damage.
Some of the defects involved in strict product liability cases in Illinois include:
Design defects, which were the result of a flaw on the original product.
Manufacturing defects, which are flaws introduced into a product during the manufacturing process.
Marketing defects or failure to provide accurate instructions or warnings about the product.
How to Prove Negligence in a Product Liability Case
Most cases that involve product liability consider negligence. According to Illinois law, victims are deserving of compensation if the product is proven to be defective or causes harmful side effects - in case of a ingesting a drug.
In some cases, the plaintiff may have to prove negligence. In order to do that, they must prove the brand or organization that sold the product was aware of its dangers and did not give customers sufficient warning of the risks. Or, they must prove they were careless during the testing and manufacturing phase.
However, bear in mind that product liability law can only protect you if the product was used for its intended purpose and caused injuries because of it. Otherwise, the manufacturers cannot be held responsible.
The statute of limitations for these cases is two (2) years, which start from the date in which the product was purchased by the injured party. If the defective product caused property damage, the statute of limitations is five (5) years.
Even though product liability cases usually go in favor of the defendant, ensuring you have an attorney to represent you in court is a good idea. Otherwise, you may not get the compensation you deserve and need - and may even miss out on it completely. You can prevent this from happening by hiring an attorney to represent and fight for your rights.
If you are searching for a personal injury attorney in Schaumburg, IL, get in touch with I Am Calling My Lawyer today. Our expert legal team can guide you through the claims process and ensure your best interests are protected.