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In order to be successful in a product liability injury case where either the manufacturer or seller of the product did not provide sufficient instructions or warnings about any possible risks or dangers associated with using that product, an Illinois personal injury lawyer must show there was a failure to warn.

As explained in the Illinois Pattern Jury Instructions, strict liability “is imposed without regard to traditional questions of privity, fault, or the user's ordinary negligence.” In other words, strict liability does not depend on actual negligence or intent.

(3) “product liability action” means any action based on any theory or doctrine brought against the seller of a product on account of personal injury, (including illness, disease, disability and death) or property, economic or other damage allegedly caused by or resulting from the manufacture, construction, preparation ...

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.

To recover in strict product liability, a plaintiff must plead and prove that the injury or damage resulted from a condition of the product manufactured or sold by the defendant, that the condition was an unreasonably dangerous one, and that the condition existed at the time the product left the manufacturer's control.

A manufacturer has a duty to warn when the product possesses dangerous propensities, there is unequal knowledge with respect to the risk of harm, and the manufacturer, possessed of such knowledge, knows or should know that harm may occur absent a warning.

Those six factors are: whether the activity involves a high degree of risk or harm; the gravity of that risk; whether the risk can be eliminated by the exercise of reasonable care; whether the activity is a matter of common usage; whether the activity is appropriate to the place where it is carried out on and.

There are three general categories in strict liability: abnormally dangerous activities, keeping dangerous animals, and product liability. Any injuries that arise from any of these activities must simply be shown to be the result of the dangerous activities, animals, or products.

Product liability insurance helps protect your business from claims that a product you made or sold caused bodily injury or property damage to someone else's belongings. An insurance company may offer this coverage as a standalone policy, but we include it as part of your general liability insurance.