On the account of negligence, strict liability, or failure to warn, manufacturers, sellers and distributors of harmful products place hundreds of people in jeopardy every year. Products can be dangerous and defective in many different ways – whether it comes to inadequate warning labels, improper manufacturing, or a defect of design, those who’ve suffered injury or loss in Aurora, Illinois can seek accountability and obtain compensation thanks to a field of law called Product Liability.
What is Product Liability?
Simply put, Product Liability allows you to seek justice from attorneys like Costa Ivone, LLC for different product-related injuries. In case you’ve went through pain and torment, lost the ability to live a normal life, or suffered material losses due to a dangerous or defective product, the public policy allows you to legally prosecute responsible manufacturers, sellers, and distributors.
The term “product” refers to a wide range of items and commodities, of which children’s toys, household products, toxic chemicals, medications, medical devices, industrial equipment and defective vehicles are the most common.
Types of Product Defects
Though the general circumstances of product liability are regulated by law, not one product-related injury is the same. The product can be dangerous and defective in a number of different ways, which is why it’s advisable to seek legal advice beforehand. A user is eligible to sue if a product showcases at least one of these defects:
Warning Defect: Some potentially dangerous products don’t have a warning label or instructions for safe use, which is considered a warning defect.
Manufacturing Defect: Harmful improperly manufactured products are those with some kind of a defect that has developed during the making or assembling.
Design Defect: Even if a product is properly manufactured and comes with a warning label, it can still be dangerous to use due to the design defect.
Types of Product Defect Claims
In the state of Illinois, in cities like Aurora, lawyers recognize three different types of product liability claims:
Negligence: If a manufacturer, seller or distributor fails to warn a consumer about a product defect, they can be held responsible for negligence.
Breach of Warranty: Breach of warranty applies to those products that are not necessarily dangerous to use, but can still cause harm due to the failure to do what they were designated to do.
Statute of Limitations
In case you’re considering to file a product liability lawsuit, you need to get familiar with the Statute of Limitations as well. These legal actions come with a time limit, so make sure to consult your attorney as soon as possible. According to the Illinois Code, the statute of limitations in Aurora is 5 years for claims related to property damage, and 2 years for personal injury claims.
Product liability cases might seem simple, but they include a number of technical details and legal principles that only a professional can sort out. Luckily, Aurora is teeming with competent attorneys who can help you obtain timely compensation for your product-related losses.