The safety risks of certain products are not always immediately apparent. After many U.S. consumers purchased hoverboards for the holidays this past year, many months went by before the Consumer Safety Commission warned of serious risks in most hoverboards. Product liability claims arise from situations in which defective products injure individuals or cause property damage.<\/p>\n
Product Liability Claims<\/strong><\/p>\n Product liability claims appear when\u00a0the sale of a product causes injury, death, or other harm\u00a0to consumers. There are a number of different ways in which individuals can hold sellers or manufacturers liable. For example, in Illinois, consumers may assert liability for negligence, strict liability, violation of express warranty, or violation of implied warranty.<\/p>\n Express warranty actions arise if the seller of a product claims that the product has a particular quality or will perform in a certain way. Implied warranty claims generally arise when a product is not of average quality or is not able to be used for its ordinary purpose. Negligence requires that the defendant have acted negligently, or without the required care. In contrast, strict liability claims do not require any showing of negligence but focus on the defective product itself. A seller can also be liable if it fails to adequately warn consumers of the dangers associated with the product.<\/p>\n