I was injured by a flat iron. Do I need to have the flat iron in order to file a lawsuit? 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.
I was burned by my sister’s flat iron but I do not own the product. Can I still file a lawsuit? 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.
Who can be held responsible in a products liability case? The manufacturer, the retailer and sometimes both.
How long do I have to file a lawsuit? 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.
Koester & Bradley, LLP: Protection When You Need it Most
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This website will provide you with basic information regarding personal injury and other types of legal claims.However, please note the contents of the site are not a substitute for personal legal advice.
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