Manufacturers, distributors, retailers, and vendors have a legal responsibility to use reasonable care when designing and producing consumer products. When these entities fail to fulfill this responsibility, they can and should be held liable for the harm or personal injury that their products cause as a result. Unfortunately, filing this type of claim can be a difficult process, so if you were injured by a defective consumer product, it is important to speak with an experienced product liability attorney who is familiar with both state and federal law and can help you seek compensation for your losses.
Product liability claims tend to be complicated because there are actually many different individuals and entities that can be held responsible for consumer product-related injuries, including:
Whether only one entity is responsible for an accident, or an injury can be laid at the feet of multiple parties, Illinois plaintiffs have one of two main legal theories under which they can hold the at-fault parties liable – negligence and strict liability.
The first method that plaintiffs can utilize in product liability cases is based on the legal theory of negligence, which requires the parties to prove a few different elements before they can recover damages, including that:
Proving these elements can be difficult, requiring the collection of convincing evidence, such as medical records, eyewitness testimony, purchase receipts, and expert testimony.
The second legal theory under which an injured party can hold a seller or manufacturer liable for an injury is known as strict liability. Strict liability claims require proof that:
Under both theories, plaintiffs are required to prove that the product that caused their injury had one of three kinds of defects:
Plaintiffs who are able to fulfill this burden could be eligible to recover damages compensating them for medical bills, lost wages, property damage, and pain and suffering.
To speak with one of the experienced product liability attorneys at Saks, Robinson & Rittenberg, Ltd. about your case, please call 312-332-5400 or send us an online message today.
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