Technology and scientific advancements have allowed companies to develop products that make every aspect of our lives more comfortable and enjoyable. We use these products, such as cars, kitchen appliances, smartphones, and so much more, every day.
However, when these products malfunction, it can lead to devasting, sometimes permanent injuries. Decatur defective products lawyers are ready to help you in this situation. By working with a hardworking injury attorney, you may be able to recover financial compensation for your losses.
Defining Product Liability Law
Consumer dissatisfaction does not necessarily translate into compensation for putting out a faulty product. Malfunctioning items typically fall into one or more of the following categories:
- Design defects
- Manufacturing mistakes
- Inadequate labeling
Under 735 Illinois Compiled Statutes 5/13-213(a)(3) & (4), anyone associated with the process of bringing a good to market – manufacturers, parts suppliers, distributors, maintenance companies, etc. – may be liable for their role in creating conditions that lead to an injury.
Some products cause injuries because the basic premise for the good is inherently dangerous. In these cases, every item manufactured poses a threat even when people use the good precisely as intended or instructed. To succeed under this theory, plaintiffs must prove the defendant could have pursued a reasonable, alternate means of constructing or creating the good.
Mishaps When Manufacturing
Sometimes the design is sound, but mistakes occur during the production process. Under these situations, specific batches or individual items may have a flaw or contamination, but all other goods manufactured at a different time are still safe to use. Examples of such goods include food contaminated with a toxic substance or a car whose electrical circuitry was not installed correctly.
Improper Packaging and Warnings
In some cases, individuals might have avoided injury if they received fair notice. When those involved in marketing the product fail to adequately warn consumers of potential harm or include directions on how to use the item safely, they may be legally responsible for resulting injuries. An example of such warnings include notices that a toy has small parts which pose a choking risk.
Regardless of which category applies, flawed products place consumers at risk because they pose an unreasonable danger. Local lawyers familiar with product liability claims may help plaintiffs determine which category or categories to pursue to secure just recoveries for their injuries.
Time Limit for Filing a Suit in Illinois
If an injured party waits too long to initiate a lawsuit, they may lose the opportunity to collect damages. While Illinois supports an injured person’s right to sue responsible parties, they must do so within a reasonable time. Generally, 735 ILCS 5/13-202 requires those seeking damages for personal injuries to file their claims within two years. However, under 735 ILCS 5/13-213(b)-(d), several additional rules apply in products liability cases, which may extend this time frame. However, in no case may it go beyond eight years from the time of the injury. Understanding how Illinois applies these filing windows to individual cases can be confusing, and attorneys in Decatur who regularly handle faulty product cases could help injured parties bring their claims on a timely basis and avoid unnecessary dismissals. The best way to determine what time limits may apply to your specific claim is to take advantage of a free consultation with a Decatur injury lawyer.
Get in Touch with a Decatur Defective Products Attorney
Lawyers for product manufacturers are well versed in defending against defective product claims. By hiring a Decatur defective products lawyer, you could meet their defenses head-on and feel confident that you took steps to protect your rights. We have helped others in your situation, and we are ready to help you. Please reach out to us today to schedule a free consultation.