Whether it’s a defective kitchen appliance that catches fire, faulty brakes that cause a crash, or a dangerous children’s toy that results in a serious injury, consumers have the right to expect that the products they purchase are reasonably safe. Unfortunately, defective products injure thousands of people every year, often leaving victims with significant medical expenses, lost wages, and lasting physical and emotional harm. If you’ve been hurt by a dangerous or defective product, Illinois law may allow you to pursue compensation from the companies responsible for placing that product into the marketplace. Understanding 735 ILCS 5/13-202, Illinois product liability law, and the legal theories available in these cases can help you protect your rights after an injury. Read on for this guide from the Illinois dangerous products lawyers at Lerner and Rowe.
What Is Product Liability?
Product liability is the area of law that allows injured consumers to seek compensation when a defective or unreasonably dangerous product causes injury.
Unlike many personal injury claims that focus solely on negligent conduct, Illinois product liability cases often focus on whether the product itself was defective when it left the control of the company that designed, manufactured, or sold it.
Product liability claims may involve:
- Household appliances
- Motor vehicles and vehicle components
- Medical devices
- Prescription medications
- Children’s toys
- Sporting equipment
- Construction tools
- Power equipment
- Electronics
- Industrial machinery
- Furniture
- Consumer products
Depending on the circumstances, several different companies may share responsibility for the same defective product.
Understanding 735 ILCS 5/13-202
Illinois product liability law is governed in part by 735 ILCS 5/13-202, which addresses product liability actions involving injuries caused by defective products.
Illinois recognizes multiple legal theories under which an injured consumer may recover damages. The most common include:
- Strict liability
- Negligence
- Breach of warranty
Each theory has different legal requirements, but all are intended to protect consumers who are injured by unsafe products.
An experienced defective product injury attorney in Chicago, IL will evaluate the facts of the case to determine which claims should be pursued.
The Three Primary Theories of Recovery
Strict Liability
The most well-known basis for an Illinois product liability claim is strict liability for defective products in Illinois.
Unlike a negligence claim, strict liability does not require the injured person to prove that the manufacturer acted carelessly.
Instead, the focus is on whether:
- The product contained an unreasonably dangerous defect.
- The defect existed when the product left the defendant’s control.
- The product was being used in a reasonably foreseeable manner.
- The defect directly caused the injury.
Strict liability is intended to place responsibility on companies that introduce defective products into the marketplace rather than forcing injured consumers to prove precisely how a manufacturing mistake occurred.
Negligence
A manufacturer negligence claim in Illinois focuses on whether a company failed to exercise reasonable care during the design, manufacture, inspection, testing, marketing, or distribution of a product.
Examples include:
- Poor quality control
- Failure to conduct adequate safety testing
- Ignoring known defects
- Using inferior materials
- Failing to issue appropriate warnings
- Improper product assembly
Unlike strict liability, negligence requires proof that the defendant failed to act reasonably under the circumstances.
Breach of Warranty
A product liability claim may also arise from a breach of warranty.
Manufacturers and sellers often make promises about how their products will perform or whether they are safe for ordinary use.
Warranty claims may involve:
- Express warranties
- Implied warranties of merchantability
- Implied warranties of fitness for a particular purpose
If a product fails to meet those legal or contractual expectations and causes injury, a breach of warranty claim may be available.
735 ILCS 5/13-202: Common Types of Product Defects
Not every defective product fails for the same reason.
Most Illinois product liability lawsuits involve one or more of the following categories.
Design Defects
A design defect exists before the product is ever manufactured.
Even when built exactly as intended, the product is inherently dangerous because of its design.
Examples include:
- SUV rollover tendencies
- Unsafe power tool safety guards
- Children’s furniture that tips easily
- Defective lithium-ion battery design
Every product manufactured according to that design may present the same hazard.
Manufacturing Defects
A manufacturing defect occurs during production.
The product design may be safe, but mistakes made during manufacturing make individual products dangerous.
Examples include:
- Missing safety components
- Contaminated food products
- Cracked vehicle parts
- Improperly installed electrical wiring
Only certain units from a production run may contain the defect.
Marketing or Warning Defects
Some products are dangerous because consumers receive inadequate warnings or instructions.
Examples include:
- Missing warning labels
- Inadequate operating instructions
- Failure to warn about known risks
- Incomplete safety information
Even products that function properly may be considered defective if users are not adequately warned about foreseeable dangers.
Who Can Be Held Liable?
One important feature of Illinois product liability law is that responsibility may extend throughout the chain of distribution.
Potentially liable parties include:
- Product manufacturers
- Component manufacturers
- Parts suppliers
- Assemblers
- Importers
- Wholesalers
- Distributors
- Retail stores
For example, if a defective household appliance purchased from a Chicago retailer causes a house fire, liability may extend beyond the store itself to include the manufacturer and others involved in bringing the product to market.
Determining which parties should be included in a product liability lawsuit in Cook County often requires a thorough investigation.
735 ILCS 5/13-202: Chicago Examples of Product Liability Claims
Defective Household Appliances
Kitchen appliances, space heaters, coffee makers, air fryers, washing machines, and other household products can malfunction because of electrical defects, overheating components, faulty wiring, or inadequate safety mechanisms.
These failures may result in:
- Fires
- Electrical shocks
- Burns
- Smoke inhalation
- Property damage
Faulty Vehicle Parts
Defective automotive components continue to generate recalls across the country.
Examples include:
- Airbags that fail to deploy
- Defective brakes
- Tire failures
- Steering defects
- Fuel system failures
- Seatbelt malfunctions
A defective vehicle part may contribute to a car crash even when the driver has done nothing wrong.
Dangerous Children’s Products
Parents trust manufacturers to provide products that are safe for children.
Unfortunately, defective children’s products can cause devastating injuries when they fail to meet reasonable safety standards. We can help you if you dealt with a defective product such as:
- Car seats
- Cribs
- High chairs
- Toys
- Strollers
- Infant swings
How Product Recalls Can Affect Your Claim
The U.S. Consumer Product Safety Commission (CPSC) regularly announces recalls involving dangerous consumer products.
A recall does not automatically establish liability, but it may provide important evidence that:
- The manufacturer recognized a safety problem.
- Similar incidents occurred involving other consumers.
- The product posed an unreasonable risk of injury.
- Corrective action became necessary.
An experienced recalled product injury lawyer in Chicago can investigate whether a recall applies to your case and how it may support your claim.
If possible, keep the product in its post-incident condition. Altering, repairing, or discarding the product may make it more difficult to determine exactly how the failure occurred.
735 ILCS 5/13-202: Evidence That Strengthens a Product Liability Claim
Successful product liability cases often depend upon preserving evidence immediately after the injury.
Helpful evidence may include:
- The defective product itself
- Purchase receipts
- Packaging
- Instruction manuals
- Warranty information
- Photographs
- Surveillance video
- Medical records
- Expert inspections
- Recall notices
- Consumer complaints
- Maintenance records
Avoid modifying the product after the incident whenever possible.
How a Chicago Product Liability Attorney Can Help
Product liability cases are often far more complicated than ordinary injury claims.
Large manufacturers frequently have substantial legal resources and teams of experts working to defend these lawsuits.
An experienced attorney can help by:
- Investigating the product defect
- Preserving critical evidence
- Identifying all responsible parties
- Working with engineering and product experts
- Reviewing recall information
- Negotiating with manufacturers and insurance companies
- Calculating the full value of your damages
- Filing a lawsuit when necessary
Having experienced legal representation can make a significant difference when pursuing compensation after a serious injury.
735 ILCS 5/13-202 Frequently Asked Questions
What is strict liability for defective products in Illinois?
Illinois allows injured consumers to pursue compensation under a strict liability theory when a defective and unreasonably dangerous product causes injury, even if the manufacturer was not intentionally negligent.
Who can be sued in an Illinois product liability lawsuit?
Depending on the circumstances, liability may extend to manufacturers, parts suppliers, distributors, wholesalers, importers, and retailers that participated in placing the defective product into the stream of commerce.
Does a product recall automatically mean I win my case?
No. A recall is not automatic proof of liability. However, a recall issued by the Consumer Product Safety Commission may serve as important evidence supporting your claim.
How long do I have to file a product liability lawsuit in Illinois?
Generally, Illinois provides two years to file a personal injury claim, with the discovery rule potentially affecting when the limitations period begins.
What should I do after being injured by a defective product?
Seek medical attention immediately, preserve the product without altering it, keep receipts and packaging, photograph your injuries and the product, and contact an experienced product liability attorney before speaking extensively with insurance representatives.
Get Help with a 735 ILCS 5/13-202 Claim Now
A defective product can change your life in an instant—but you don’t have to face the legal process alone. Whether your injuries were caused by a faulty household appliance, defective vehicle component, or dangerous children’s product, the experienced Chicago personal injury attorneys at Lerner and Rowe are ready to help you pursue the compensation you deserve.
Don’t wait to protect your rights. Call Lerner and Rowe’s Chicago office today, fill out a contact form, or use LiveChat now for a free consultation. Our team is available to answer your questions, investigate your claim, and fight to hold manufacturers, distributors, and retailers accountable.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.