Defective Products: Legal Rights for Filing a Claim in Chicago
Every year, many people unknowingly use items that can cause serious harm due to defects. From unsafe household appliances to dangerous drugs, these problems can lead to life-changing injuries. If this has happened to you, it’s important to know your rights. With the help of a trusted defective products attorney in Chicago, you can take legal action to seek justice and fair compensation.
Costa Ivone works hard to protect the rights of our clients. We proudly offer our services in personal injury cases, including those involving defective products. Want to know how we can help you? Learn more about why we are a trusted choice for injured clients in Chicago.
Understanding Defective Product Liability in Chicago
Illinois law holds companies accountable for defective products (735 ILCS 5/13-202). This statute underscores Illinois’ commitment to protecting consumers from harm caused by unsafe goods.
3 Main Types of Defective Product Liability:
- Manufacturing defects: These occur when something goes wrong during production, resulting in a product that is different from its intended design and unsafe to use (e.g. issues caused during the production process).
- Design defects: Even if a product is made correctly, its overall design may still be dangerous or cause harm. For example, a poorly designed car seat may fail to protect children in an accident.
- Failure to warn: Some products come with inherent risks, but manufacturers must provide clear instructions or warnings about these risks. Failing to do so can result in liability for injuries.
Filing a Defective Product Lawsuit
Filing a defective product lawsuit involves several key steps:
- Drafting a formal letter outlining your legal claim: A formal letter outlining your case, including your injuries, the defective product, and the damages you’re seeking.
- Preserving the Defective Product: Always keep the defective product intact, as it serves as primary evidence. Avoid repairing or discarding it until the legal process concludes.
- Legal Process: This may involve filing the claim in court, negotiating with the other party or their insurance company, and going to trial if no agreement is reached.
Partnering with an experienced defective products attorney in Chicago can help you navigate this complex process and increase your chances of receiving fair compensation.
Consumer Rights on Defective Products in Illinois
Illinois law offers strong protections for consumers harmed by defective products. If you’ve suffered injuries or losses, you may be entitled to various forms of compensation:
- Medical Expenses:
- Reimbursement for hospital bills, surgeries, rehabilitation, and ongoing treatment.
- Example: “A defective pressure cooker caused severe burns, leading to costly skin graft procedures, all covered under compensation claims.”
- Lost Wages and Future Earnings:
- Compensation for time missed at work and diminished earning capacity.
- This includes scenarios where injuries cause long-term disabilities.
- Pain and Suffering:
- Damages for physical pain and emotional distress caused by the injury.
- Emotional distress can include trauma, anxiety, or loss of enjoyment of life.
- Product Replacement or Repair:
- If the defective product caused property damage, you may recover costs to replace or repair the item.
Example Case:
A defective stroller in Chicago collapsed, injuring a child. The parents successfully claimed medical costs, lost income from taking time off work, and emotional distress damages.
By consulting a skilled defective products attorney in Chicago, you can explore all avenues for financial recovery and ensure your rights are upheld.
Don’t delay. Contact our trusted product defect claim lawyer Chicago at (708) 816-2621 to ensure you filed on time and handled with care.

Most Relevant and Frequently Asked Questions
What Is Strict Liability for Defective Products?
Strict liability is a legal principle that holds manufacturers and sellers accountable for harm caused by their defective products—regardless of whether they acted negligently. This focuses on the product’s safety rather than the behavior of the responsible parties.
Key Elements to Prove in a Strict Liability Case:
- The Product Was Defective:
- Demonstrate that the defect originated during manufacturing, design, or due to inadequate warnings.
- Example: A toy with small detachable parts that pose a choking hazard for children.
- Causation:
- Show that the defect directly caused your injury.
- Example: A car tire with manufacturing flaws bursts, causing a serious accident.
- Proper Use:
- Prove you were using the product as intended by the manufacturer.
Strict liability ensures that companies prioritize product safety, giving consumers a strong legal footing. Working with a knowledgeable product liability lawyer in Chicago can help you present a compelling case.
What Damages Can I Claim in a Defective Product Lawsuit?
You may be entitled to several types of compensation, including:
- Economic Damages: Medical expenses, lost wages, and property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of consortium.
- Punitive Damages: Awarded in rare cases to punish egregious negligence.
What Is the Statute of Limitations for Product Defects in Illinois?
Under Illinois law, you have two years from the date of injury to file a claim. Missing this deadline may result in losing your right to seek compensation. Contact a product liability lawyer in Chicago as soon as possible to ensure all deadlines are met.
Who Is Responsible for a Defective Product?
Liability can fall on multiple parties, including:
- Manufacturers: Responsible for design and production flaws.
- Retailers: Accountable if they sell defective products.
- Distributors: Liable if mishandling during transport causes defects.
An experienced attorney will investigate to identify the correct parties to hold accountable.
How Do You Prove a Product Is Defective?
Proving a product is defective requires strong evidence, including:
- The defective item itself (preserve it in its original state).
- Proof of purchase, such as receipts or invoices.
- Documentation of your injuries, including medical records and photos.
- Expert testimony to demonstrate the defect and its impact.
What Evidence Do I Need for a Defective Product Case?
To strengthen your case, gather:
- Detailed photographs of the defective product.
- Medical records proving your injuries.
- Testimony from experts to establish causation and defectiveness.
Pro Tip: Avoid discarding or repairing the product until your claim is resolved.
Can I File a Claim if I Was Partially At Fault?
In Illinois, the modified comparative negligence rule allows you to recover damages even if you share partial fault, as long as your fault is less than 51%.
For example:
- If your damages total $50,000 and you are 20% at fault, your compensation would be reduced to $40,000.
Take the First Step to Protect Your Rights
Harmed by defective products? You don’t have to face it alone. Our skilled defective products attorney in Chicago at Costa Ivone works hard to hold the responsible parties accountable and get you the compensation you deserve. Let us make the legal process easier for you.
We also handle cases involving dangerous drugs. If unsafe medications have harmed you, our proven case results and satisfied client testimonials show how we can help. Trust Costa Ivone to fight for your rights every step of the way.
Call us today at (708) 816-2621 for a FREE consultation. Want to know more about our team or stay connected? Follow us on Facebook, Twitter, YouTube, Instagram, LinkedIn, and TikTok. Costa Ivone is here to fight for you—don’t wait!