Healy Scanlon Law Firm

Product liability and strict liability laws


Illinois law strictly dictates that all manufacturers of products and consumer goods are responsible for the products that they release to the market for purchase. Since product liability is based on the tort law principle of negligence, the manufacturer is only liable in the event that the victim can prove that the damage and injury caused to the consumer could have been foreseen by the manufacturer. One of the most important things that every manufacturer must be careful about is that their products should never be dangerous.

If it is possible to provide evidence that the products sold and manufactured by the defendants were dangerous, the court may hold the manufacturer liable for the product. There are some criteria under which strict product liability can be proved in court. The types of defects that can result in a dangerous product may include the following; manufacturing defects, design defects and providing inadequate warnings on the product.

A manufacturing defect is that defect that was made in the manufacturing process itself and can result in the product becoming unfit for consumption and use by any consumer.

There are two established tests in order to determine if there is a design defect under Restatement (Second) of Torts in Illinois. The first test is described in Section 402A, which is the test for "consumer expectation." That states that the danger of the product is above what the product would be used for by any reasonable consumer. The second test is for "risk utility," in which it is proved that the unreasonably dangerous product's risks and dangers overshadow any of the benefits that the product can offer.

The principle regarding an inadequate warning on the product essentially relies on the principle that the lack of warning on the product makes it so unreasonably dangerous to the consumer that the injury was a direct result of no warning labels.

Consumers have a rightful expectation of safety when purchasing a product. When that trust is betrayed, a person may have reason to seek damages for injuries suffered. Seeking the assistance of an experienced attorney can help those in such situations properly navigate the possibly complicated path.

Source: Illinois Courts, "Strict product liability," Accessed on Aug. 26, 2015

No Comments

Leave a comment
Comment Information
Contact Us Today

Contact the FirmFor a Free Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy