Add Number Fields Legal Illinois Product Liability Forms For Free

While there is a three year liability period, there is a ten-year backstop, where if the product has been in circulation on the market for 10 years or more, then no liability attaches.

(1) A product liability action cannot be brought against the product seller if, at the time of harm, the product was misused, altered, or modified. (d) the complainant, while using such product, was under the influence of alcohol or any prescription drug which had not been prescribed by a medical practitioner.

The basic industry standard for this policy is a $1 million each-occurrence limit and a $2 million products-completed operation aggregate limit. Higher limits can be purchased in increments of $1 million through either an Excess Liability policy or a Commercial Umbrella policy.

Examples of a product with a manufacturing defect include: An elevator with a defectively manufactured pulley system that causes the car to collapse or fall injuring passengers. A vehicle with a missing steering part that causes loss of vehicle control.

These theories are not mutually exclusive; a plaintiff can bring one or more in the same lawsuit.

In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.

The core element of strict product liability is the presence of a defective product. This can stem from design defects, manufacturing flaws, or inadequate warnings and instructions. The product must deviate from the intended design or pose an unreasonable risk to consumers.

In order for a manufacturer to be found strictly liable, the plaintiff must prove that the product was defective, that the defect was caused by the manufacturer or supplier and that the defect caused the plaintiff's injuries.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.