Central Illinois Since 1895
Product Liability FAQs
Products liability is a subarea of personal injury in which an injury is caused by use of a dangerous or defective device.
A victim must prove that the product that caused the injury is defective.
Design defect: an inherent error or flaw in a product’s design prior to manufacturing that renders the product unreasonably dangerous.
Manufacturing defect: an error or flaw in a product that occurs during the process of manufacture or assembly that renders the product unreasonably dangerous.
Marketing defect: a flaw in the manner a product is marketed, such as inadequate safety warnings, improper labeling or insufficient instructions
Automobiles, other motor vehicles and their components
Automobile seat belt systems
Machinery and other workplace products
Household products and appliances
Toys and recreational equipment
Toxic chemicals and substances such as mold, asbestos and pesticides
Clothing and apparel
Medical devices such as DePuy and Stryker prostheses
Yes. We recommend that you keep and preserve the product as well as the original packaging, manuals and instruction booklets that came with the product, and purchase receipts if possible.
Yes. A person who is injured while using the product may bring a lawsuit even if they are not the owner of the product at issue.
The manufacturer, the retailer and sometimes both.
Products liability claims are governed by 735 Ill. Comp. Stat. Ann. § 5/13-213.
- The plaintiff may bring an action within 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death or property damage, but in no event shall such action be brought more than 8 years after the date on which such personal injury, death or property damage occurred.
- In any such case, if the person entitled to bring the action was, at the time the personal injury, death or property damage occurred, under the age of 18 years, or under legal disability, then the period of limitations does not begin to run until the person attains the age of 18 years, or the disability is removed.
- No product liability action based on any theory or doctrine shall be commenced except within the applicable limitations period and, in any event, within 12 years from the date of first sale, lease or delivery of possession by a seller or 10 years from the date of first sale, lease or delivery of possession to its initial user, consumer, or other non-seller, whichever period expires earlier, of any product unit that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.