The first thing you’ll learn if you visit any of the Rockford attorneys is that not all lawyers are like the ones you see on television. Though it’s usually not quite as dramatic as say, criminal law, products liability is an important area of the United States legal system.
It’s in this area of the law that we help to hold corporations and other entities responsible for the products they manufacture, sell, and market to consumers.
Products Liability in the United States
Each country may have differing laws on products liability but in the United States, these laws are determined by state governments. In the vast majority of the U.S., any company involved in bringing a product to market—not just the manufacturers—may be strictly liable for the problems caused by a defective product. Illinois is no exception, as any Rockford attorney will tell you.
Winning Your Product Liability Case
Litigators and courts in the state of Illinois rely on two primary legal theories in product liability cases. The first is the negligence theory and the second is the strict liability theory.
Based on the negligence theory, to win your case you must prove that there was a 1) duty of care to you, 2) a breach of that duty, 3) causation, 4) and damages. One and two are simple to understand; you just have to prove that the defendant owed you a duty of care and that they failed to fulfill their duty. Causation and damages are less self-explanatory. Causation means that, by failing to fulfill their duty, the defendant caused you a foreseeable injury. Finally, you must also prove that whatever happened caused you a hardship.
The strict liability theory says that a defendant may be proven guilty if the plaintiff can show that the injury occurred because of a defect in the defendant’s product, that the defect was dangerous, and that the defect existed while the defendant still had the product.
Types of Product Defects
It’s also important to note that, just like all Rockford attorneys aren’t the same, there are a few different types of product defects. The three types are design defects, manufacturing defects, and marketing defects. Depending on which type of defect you’re trying to prove, the way your Rockford attorney argues your case will have to change significantly. This is because different types of defects must be proven based on very different criteria.
