Wrongful Death from Defective Products in Illinois

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Wrongful Death

Personal InjuryLosing a loved one in an accident is tragic enough, but the tragedy aggravates when it is caused due to a defective product. The aim of every manufacturer is to produce quality products at minimal costs. However, some resort to unfair means and may try to cut corners to save a few cents or bucks on each item, knowing that it would mount up to additional several thousand dollars in profits, but at the expense of placing human lives at risk.

More than 34 million people suffer from a serious injury or die from defective products every year in the US. People under 37 years of age are more likely to be a victim of such products than being diagnosed with cancer or heart disease.

What is Strict Liability?

Under Illinois law, strict liability is a principle using which a plaintiff can hold a product manufacturer legally responsible for damages, even when there is no evidence of negligence. It works on the simple rule that it is the responsibility of a manufacturer to ensure their products are safe for use and can be held liable for any injury caused by their products. However, the consumer has to prove that they have used the product in the right way and establish a connection between their injuries and the product.

If all these factors have been established, the consumer does not have to present evidence of negligence for holding the manufacturer liable. In the same way, loved ones of a victim who died from using a defective product can file a wrongful death lawsuit on the basis of strict product liability to recover compensation.

Types of Defective Products

A wrongful death can occur because of any of the following types of defective products:

  • Medical devices, like defibrillators and cardiac pumps
  • Sporting gear
  • Prescription medications
  • Consumer products, like kitchen appliances, electronic appliances, and other gadgets
  • Defective auto parts, such as malfunctioning airbags, brakes, tires, and others
  • Children products, like toys, clothing, cribs, and highchairs.
  • Machinery and industrial products

Sometimes, defective products are recalled when a manufacturer gets complaints to prevent further harm. However, if a defective product has caused death to a person, even when a product recall was implemented, a wrongful death lawsuit can still be filed against the manufacturer.

What Damages you can recover

When a wrongful death lawsuit is filed against the manufacturer, survivors of a decedent can expect to recover compensation for several types of damages, including:

  • Medical expenses that the deceased incurred before death
  • Lost wages
  • Pain and suffering
  • Lost income
  • Loss of consortium

In some cases where the negligence or the defect in the product has been found to be extreme, the judge may also award punitive damages to the deceased’s loved ones.

For more information about how you can get fair compensation for the loss of your loved one due to defective product, talk to an experienced wrongful death attorney. Contact Fisk & Monteleone LTD. today at 815-209-9030 to schedule a free case consultation with one of our reliable and knowledgeable wrongful death attorneys.