Illinois Law
Illinois Personal Injury Law: Products Liability
Personal Injury Law: Products Liability
Products liability claims usually rely on one of three theories: strict liability, negligence or breach of warranty. Each of these has its standards and potential damages. Often a single injury leads a plaintiff to bring claims under all three theories against the manufacturer. For example, a person injured when a microwave oven explodes might allege that the oven's manufacturer breached a warranty, negligently manufactured the oven, and made the oven so dangerous that the manufacturer should be held strictly liable for all injuries caused.
Strict Products Liability
- The product was in a defective condition, so that it was unreasonably dangerous even if used for its intended purpose
- The defect existed when the product left the manufacturer's control
- The defect caused the plaintiff's injury
Negligent Design or Manufacture
Manufacturers can be sued for negligence. If a manufacturer negligently designs or manufactures a product, the manufacturer is liable to those hurt by the product. Unlike strict liability theory, which focuses on the product, negligence claims focus on the manufacturer's actions in designing and manufacturing the product. The manufacturer can be found liable if a judge or jury finds that the manufacturer failed to exercise the degree of care that a reasonable manufacturer would exercise in manufacturing the product or that the product was not manufactured according to the manufacturer's own specifications.Under this theory, the manufacturer of the faulty chair might be liable if the company did not conduct reasonable inspections to ensure that products were checked for defects before being sold to consumers. The manufacturer is not negligent merely for failing to produce a perfectly safe product. Illinois courts use a reasonable care balancing test that asks jurors to balance the likelihood and seriousness of harm against the feasibility and burden of possible precautions that might have avoided the harm. For example, manufacturers might not be required to install a safety feature if doing so would make the product prohibitively expensive or impossible to use. In these cases, the manufacturer has a duty to warn the product users of the risks associated with its use so that users can protect themselves. This is why ladders, for example, have so many warnings on them. No ladder can be made perfectly safe, so manufacturers warn consumers of their dangers.
Some of the most convincing evidence of negligence is evidence of the actions of other manufacturers of similar products. If a manufacturer fails to take precautions or provide warnings that are standard in the industry, a jury will probably find the manufacturer negligent.