product liability

How Difficult Is It To Prove Product Liability Claims?

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Product Defect Lawyer

Every year, thousands of people in the United States are hurt by defective products. If that happens to you, a product liability lawsuit could be necessary to compensate for your losses and injuries.

Talk to a Boone County product defect lawyer to find out if you have a case. With our help, we will fight for your rights and get you the compensation you deserve.

Strict Liability In Illinois Product Defect Cases

In an Illinois product defect case, there is a legal doctrine of strict liability. Strict liability means the injured person can hold the defendant liable for the damages and personal injuries suffered. So even if the defendant was not necessarily at fault, you still could receive damages.

A strict liability standard differs from other scenarios where you must prove negligence to receive compensation. For example, say someone hits your car when you are driving past the Coronado Theater or the Burpee Museum of Natural History. You break your wrist. To receive compensation, you must prove negligence.

However, in an Illinois product liability case, strict liability does not depend on whether the defendant’s negligent actions or inactions led to your injuries. Instead, they designed, created, or sold a product that was defective and injured you. Thus, they are liable for your losses.

If there were no strict liability laws for defective products, getting compensation in these situations would be challenging. First, you would need to prove the company engaged in a negligent practice that injured you.

How To Win An Illinois Product Liability Case

You and your product defect attorney in Boone County must prove the following to win your case:

  • The product that harmed you was unreasonably unsafe or dangerous when designed, made, or distributed.
  • The seller of the product expected the product to reach you without third-party changes.
  • You suffered injuries because of the product defect.

Also, your attorney may claim that the defect that injured you was because of a faulty design, manufacturing defect, or lack of a warning label.

Note that strict liability does not mean the defendant is automatically liable. Product liability cases are more accessible to proof than many personal injury cases. But you still need to prove your case.

There also are several ways the defendant can fight the product liability claim. For example, they could say you used the product in a way you should have known would injure you. Or, you may have continued to use the product in a way you should have known would hurt you.

Call Boone County Defective Product Lawyers

If a defective product injures you, you could suffer life-altering injuries. In addition, the company that designed, manufactured, or sold the product could be liable for your damages.

Boone County defective product lawyers can obtain compensation for your losses and injuries. Our attorneys are proud to serve Boone County and Rockford, Belvidere, Loves Park, DeKalb, Poplar Grove, Byron, Freeport, and the surrounding area. Please contact Boone County personal injury attorneys Fisk & Monteleone at 815-962-0044 today.