THE LAW OFFICES OF
BARRY G. DOYLE, P.C.
100 W MONROE ST.,
STE 2100
CHICAGO, IL 60603
PHONE: 312.263.1080
FAX: 312.263.0153
Chicago Product Liability Attorney
Serving Chicago, Aurora, Rockford, and Surrounding Areas
Please select from the following links:
- Is there a statute of limitations for product liability cases?
- What does strict liability mean?
- What evidence should I provide for a product liability case?
- What is an "implied warranty"?
- Can a manufacturer disclaim an implied warranty?
- Can I bring a product liability claim if I didn't buy the product that injured me?
1. Is there a statute of limitations for product liability cases?
Yes, there's a statute of limitations that starts running the day your injury occurs. There's also a "statute of repose", and that starts running the day the product is sold.
The statute of limitations for personal injury is two years.
The statute of repose is 10 years from the date of a retail sale, and 12 years from the date of a sale to a re-seller.
The idea of the statute of repose is to protect businesses, so that they need worry about lawsuits only for a set length of time. From the perspective of you, the buyer of the product, it means that if you bring a product liability claim, you need to act quickly once an injury occurs.
2. What does strict liability mean?
It's the basic idea of product liability lawsuits. In the old days, the prevailing attitude was caveat emptor, meaning buyer beware. Strict liability is the opposite idea. In other words, the manufacturer of a product placed on the market is thought to be the one responsible for keeping defective or dangerous products off the market, and if it fails to do so, should be held accountable.
Negligence need not be proved in a strict liability claim. But you must prove:
- That the product was defective
- That the defect caused your injury
- That you were using the product in the proper way (or, alternatively, that the manufacturer should have known that the product would be used, or misused, in the way you did)
3. What evidence should I provide for a product liability case?
- The product itself which caused your injury
- Any manual or directions that came with it
- Photos of the product
- Photos of your injuries
- Photos of the location where you sustained those injuries
- A copy of your medical records
- Receipts for any property damage
- The receipt from when you bought the product, or some other documentation showing where you bought it
4. What is an "implied warranty"?
It's an assumption established by state law that the product will be suitable and safe when used for its intended purpose. It usually applies to all or most products sold in that state.
5. Can a manufacturer disclaim an implied warranty?
For a manufacturer to successfully disclaim the implied warranties set up by a state law, the correct specific language must be used. A product liability lawyer can tell you whether that language is correct in any given instance.
6. Can I bring a product liability claim if I didn't buy the product that injured me?
Yes. You don't have to have been the person who bought that product.
If you've been injured by any defective product, don't delay. Call or email Chicago product liability attorney Barry Doyle today for your free legal consultation. No recovery, no fee.
