In today’s world, we rely on products for almost everything we do. From the clothes that we wear to the food we eat and the gadgets we use, we expect all of these products to be safe and not cause us any harm. This is unfortunately not always the case, and sometimes we can be injured by dangerous products, like e-cigarettes or vaping devices.
When these situations happen, it’s essential to understand Illinois’s product liability laws and statutes and what steps you can take to protect your rights. This article will discuss what you should do if e-cigarettes or other dangerous products have injured you.
What Is Product Liability?
Product liability is an area of law that holds manufacturers, distributors, and sellers of products responsible for any injuries caused by their products. When a product has been deemed defective or unreasonably dangerous, those responsible for the product can be held liable for any harm the product caused to their consumers. The laws surrounding product liability can vary from state to state, so if you are in Illinois, you should know the specific state laws.
Illinois Product Liability Laws
In Illinois, a consumer can bring product liability claims under several legal theories, including negligence, breach of warranty, and strict liability.
- Negligence claims require the injured party to prove that the product’s manufacturer, distributor, or seller acted negligently in the product’s design, manufacturing, or sale.
- Breach of warranty claims requires the injured party to prove that the product did not meet the terms of a warranty made by the manufacturer, distributor, or seller.
- Strict liability is where the injured party must show that the product was defective and that this defect caused their injuries. This makes it easier for the injured party to recover damages, as they only need to prove that the product was defective rather than having to prove that the manufacturer, distributor, or seller acted negligently.
What Is Strict Product Liability?
Strict product liability is a legal doctrine that holds manufacturers, distributors, and sellers of products strictly liable for any injuries caused by a defective product, regardless of whose fault it is. As mentioned above, the injured party does not have to prove that the manufacturer, distributor, or seller was negligent in any way. Instead, it only needs to prove the product was defective and that this defect caused their injuries.
Three different types of defects can give rise to strict liability:
- Design defects exist when the product is designed in a way that makes it inherently dangerous or unsafe.
- Manufacturing defects exist when the product is manufactured in a way that makes it dangerous or unsafe, even if it was designed properly.
- Warning defects exist when the product does not contain adequate warnings or instructions for safe use.
What Should You Do if You Are Injured by a Dangerous Product?
If you have been injured by a dangerous product like an e-cigarette or a vape device, there are several steps you should take to protect your rights.
- Seek medical attention — The first and most important step is to seek medical attention for your injuries, even if they seem minor. It’s essential to have them evaluated by a medical professional to ensure that the injuries do not worsen over time.
- Document your injuries — Make sure to take photographs and videos of your injuries and keep detailed records of any medical treatment you receive. This will help you establish the extent of your injuries and all the medical expenses you had to pay.
- Preserve the product — Do not throw away the product that caused your injuries. Instead, you should keep it in a safe place, as it can be used as important evidence in your case.
- File a claim — If a dangerous product has injured you, you may be entitled to receive compensation for your injuries. An attorney can help you file a claim and pursue a case.
- Find an attorney — Consult an experienced product liability attorney who can evaluate your case and guide you through your legal rights and options.
Personal Injury Attorneys in Chicago, Illinois
If you or someone you know has suffered from any injuries due to a dangerous product, it’s crucial for you to understand the product liability laws and statutes in Illinois. A personal injury attorney has the knowledge and experience necessary to help you investigate the incident, gather evidence, and determine who exactly may be liable for your injuries.
At Pullano & Siporin, our experienced attorneys in Chicago, IL, can help you navigate the legal system and ensure you receive the compensation you deserve for your injuries. Don’t wait to get the help you need. Contact us today to schedule a consultation and take the first steps to get justice and compensation for the injuries they caused you.