Product Liability Claims
If you have determined that you have suffered damages due to a defective product, then you’ll need to know what kind of claims you can file. There are three types of claims that you can file in a product liability case:
- Strict Liability - A strict liability claim allows you to recover compensation from the manufacturer or seller of the defective product without having to show that they were negligent. In other words, it’s holding the seller of the product liable for the safety of the merchandise that they are selling.
- Negligence - A negligence claim can be filed if the product fell below the standards established by law to protect you against unreasonable harm.
- Breach of Warranty - A breach of warranty claim is appropriate if the product was guaranteed to meet a certain level of reliability and quality, and subsequently failed to do so.
The responsibility for defective products can fall on the shoulders of any parties involved in any of the steps in the product's supply chain. From the product or parts manufacturer, assemblers, and wholesalers, to the retail store that you ultimately purchased the product from. Careful analysis is required to ensure all of the correct defendants are identified and named in a lawsuit prior to the expiration of the statute of limitations.
Filing a Claim
In Illinois, the statute of limitations for filing a product liability claim is 2 years if based on personal injury and 5 years if based on damage to property. Illinois also enforces a statute of repose for products liability lawsuits, which is a time limit to follow a claim from when the product was sold (either to the consumer or the seller — whichever comes first):
- 10 years from the date of first sale/lease/delivery to the initial consumer/user; or
- 12 years from the date of first sale/lease/delivery by a seller.
This is so that the seller and manufacturer aren’t indefinitely held liable for a product since a consumer may not sustain any injury for many years after the initial purchase.
When filing a claim, you’ll need to prove three things. You'll need to prove that the product:
- was defective,
- caused you harm, and
- that you suffered damages as a result of the faulty product.
How We Can Help
Consumer products result in nearly 29 million injuries every year in the United States according to Consumer Product Safety Commission statistics, but to our attorneys at Marker & Crannell, you are more than just a number. If you have suffered a personal injury due to a defective product, then you deserve to be compensated fairly. We will investigate your case, review your options, and guide you through key decisions. We will handle your case with care and confidence.