Speak to an Illinois Product Liability Lawyer
Strict product liability is a legal principle holding manufacturers, distributors, and sellers responsible for injuries caused by defective products, regardless of negligence or intent to harm. In Illinois, this concept is particularly important in ensuring consumer protection and holding companies accountable when products fail to meet safety standards.
If you have been injured through the use of a product, Jasmer Law can help. The state and federal standards for proving your product liability case require the guidance of an experienced product liability attorney. From understanding your legal options to representing you through the Illinois court system, product liability lawyer David P. Jasmer will be by your side.
What is product liability?
Product liability is a legal doctrine that holds manufacturers, distributors, sellers, and others in the supply chain responsible when their products cause harm due to defects. If you were injured by a product that is defective—whether in its design, manufacturing, or marketing—you may have grounds for a lawsuit under product liability law.
Product liability encompasses defects that arise from manufacturing errors, poor design, or inadequate warnings or instructions. You usually do not have to prove negligence, only that the product was defective and that the defect led to the injury. To succeed in a product liability claim, an injured party must typically show the defect, the danger, and the resulting damages.
Speak to a product liability attorney if you believe you may have a viable product liability case: 312-782-6344.
Understanding Strict Product Liability
Strict product liability laws improve the odds of a plaintiff, or injured party, recouping their damages from a defective product. Under strict product liability, a company can be held liable if a product is found defective and that defect results in injury, even if the company exercised reasonable care in the design, manufacture, and sale of the product. Essentially, strict product liability shifts the focus from the conduct of the manufacturer to the safety of the product itself. This ensures that injured consumers are protected regardless of intent.
Read More: Defective Products May Lead to Compensation for Injured Parties
Strict Product Liability in Illinois: An Attorney’s Viewpoint
In Illinois, strict product liability applies broadly to manufacturers, sellers, and marketers of goods. The Illinois Pattern Jury Instructions clarify that strict liability “is imposed without regard to traditional questions of privity, fault, or the user's ordinary negligence.” This means a company cannot escape liability by arguing they were not negligent or that the injured user made a mistake.
To succeed in a product liability claim based on strict liability in Illinois, a plaintiff must prove:
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The product was in a defective condition when it left the manufacturer’s or seller’s control;
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The defect made the product unreasonably dangerous to its intended users.
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The defect existed when it left the defendant’s control and was a direct or proximate cause of the plaintiff’s injury; and
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The plaintiff used the product as intended or in a reasonably foreseeable manner.
Illinois offers ample legal recourse for people who have been injured by defective products. If this describes you, call the Jasmer Law Firm for a free case consultation: 312-782-6344
Types of Product Defects
Strict product liability cases in Illinois generally fall into three main categories, each addressing a different way a product can be unreasonably dangerous to consumers. These categories help determine who can be held responsible and under what circumstances an injured party may recover damages.
Manufacturing Defects
Manufacturing defects occur when a product departs from its intended design during the production process, making it unsafe for use even though the design itself is sound.
These defects typically affect only a small portion of products, such as one batch or a single unit.
Examples include a car tire with a missing belt, a bottle contaminated during packaging, or a power tool assembled with the wrong internal components. The key element is that the defect makes the specific product more dangerous than other identical products made according to the same design.
Design Defects
Design defects arise when the product’s very blueprint or intended design is inherently unsafe, even if every unit is perfectly manufactured. The issue lies in the concept of the product rather than its execution. Common examples include vehicles that are prone to rollovers, toys with small detachable parts that pose choking hazards, or appliances that can overheat easily.
In Illinois, courts evaluate design defect claims using tests such as the “consumer expectation” test (whether the product is more dangerous than an ordinary consumer would expect) or the “risk-utility” test (whether the risks of the design outweigh its benefits and could have been avoided with a reasonable alternative design).
Marketing Defects
Marketing defects, also called failure-to-warn or labeling defects, involve problems with the way a product is presented or explained to consumers. This includes insufficient warnings, unclear labeling, or failure to provide adequate instructions for safe use.
For example, a medication that does not disclose potential side effects, or a cleaning product that fails to warn about toxic fumes when mixed with other substances, could lead to liability.
Illinois law requires manufacturers and sellers to inform consumers of both known and reasonably foreseeable risks associated with normal or foreseeable misuse of the product.
In all three categories, Illinois applies the principle of strict liability, meaning the injured person does not need to prove negligence — only that the product was defective and that the defect directly caused the injury.
Speak to an Illinois Product Liability Lawyer
Why Strict Product Liability Matters
An Illinois court may hold a manufacturer strictly liable if a consumer is injured by a defective appliance, a faulty car part, or a product lacking adequate safety warnings—even if the company took reasonable steps during production. The law’s focus is on protecting consumers and encouraging safer product design and manufacturing.
Strict product liability in Illinois empowers injured consumers to obtain compensation for injuries without having to prove negligence, making it easier to hold companies accountable and helping ensure safer products reach the market. This doctrine is central to Illinois’s efforts to protect public safety and consumer rights.
The Jasmer Law Firm stands ready to assist anyone who has been injured by a defective product. Call us today to learn more about how we can help.
Read More: When Do I Need A Product Liability Lawyer?