There are a number of theories of recovery for individuals injured by defective products, and many lawsuits reference more than just one theory of recovery. In Illinois, claims arising from defective products often allege, among other potential avenues, a violation of an express warranty, a violation of an implied warranty, negligence, and strict liability.<\/p>\n
Strict liability claims in Illinois do not require that the plaintiff prove that a defendant acted negligently. They focus on the condition of the product instead. Generally, under a strict liability theory under Illinois law, a plaintiff is required to establish that (1) the product contained\u00a0a defective condition; (2) the condition made the product unreasonably dangerous; (3) the condition existed when the product left the control of the defendant; (4) the plaintiff suffered an injury; and (5) the injury was proximately caused by the product\u2019s condition.<\/p>\n
The decision of which claim or claims to bring depends on the facts of each case. These considerations may include the\u00a0warnings the sellers provided, the relationship between the injured party and the manufacturer or retailer, the location of the defendants, and the statute of limitations. There is also a question of which companies to sue. It may make sense to sue the manufacturer directly or to sue a retailer. There are a number of factors to consider. For example, many products are made in China by a number of different manufacturers. Suing manufacturers in other countries can be complicated, and understanding whom to sue and how to do so is essential to a successful case.<\/p>\n