When a defective or unexpectedly dangerous product injures you, you can file a product liability lawsuit to collect personal injury compensation. Most product liability cases in Illinois fall under the theory of strict liability, which means that you do not have to prove that the manufacturer was negligent in order to hold it liable. Before you file a product liability lawsuit, you should make sure that your case meets the qualifications under Illinois law.
Product Liability Types
There are three categories of product liability claims, each of which blames the injury on a different defect with the product:
- A design defect means that the faulty design of a product makes it inherently dangerous to consumers;
- A manufacturing defect means that the manufacturer did not build the product to design specifications or used faulty materials; and
- A marketing defect means that the instructions that came with the product did not warn consumers about dangers in using the product that would not be obvious to a normal person.
You will file your lawsuit against the manufacturer in most cases because it is likely responsible for the defect. You can include the business that sold you the product or the product wholesaler if they knew about the defect or somehow caused it.
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