Your Seasoned Product Liability Lawyer

Determining Liability and Your Right to Seek Compensation

If you have been hurt by a defective product, it’s important to know that product liability claims play a critical role in holding manufacturers and sellers accountable. Across the U.S., thousands of product defect cases are filed yearly; for example, in Chicago alone, more than 5,800 product liability cases were filed in federal courts in 2022.

A product defect under Illinois strict liability law exists when a product is in a condition that is unreasonably dangerous beyond the expectations of an ordinary consumer. The Illinois statute covering product liability claims (735 ILCS 5/13-213) allows actions against any party in the distribution chain for injuries caused by defects in manufacture, design, labeling, instructions, or marketing.

At Furqan Mohammed, we have deep experience navigating the technical, legal, and evidentiary challenges that product defect claims often present. Our team understands how to evaluate design and manufacturing evidence, consult expert testimony, and assert claims.

Types of Product Liability Cases

If a defective product has injured you, here are common types of product liability cases under Illinois law you might see:

Design Defect

The inherent design of the product is unsafe (even if made precisely as designed), making all units with that design potentially dangerous.

Manufacturing Defect

The product deviated from its intended design during production (e.g., poor materials, assembly errors) resulting in a specific item that injures a user.

Marketing Defect / Failure to Warn

Inadequate or missing instructions or warnings about risks associated with the product’s use (especially those not obvious to the user).

Strict Liability Claims

Under Illinois law, certain defective products can lead to liability even without proving negligence. The focus instead is on defect, danger, and causation.

Breach of Warranty

Express or implied promises about safety or functionality that the product fails to meet.

Furqan Mohammed is experienced in reviewing all these types of product defect claims, evaluating which theory or theories best match your situation, and helping injured persons gather the evidence needed under Illinois product liability law.

How to Prove Fault in Product Liability Cases

Courts consider a few key elements when determining whether a defendant is liable:

Defect or unreasonably dangerous condition — The product must suffer a manufacturing defect, design defect, or failure to warn/instruct that makes it unsafe beyond ordinary expectations.
Control & distribution — You must show that the defendant (manufacturer, distributor, retailer) had control over the product’s design, manufacture, or marketing.
Causation — The defect must be a proximate, factual cause of your injury. This means you would not have been harmed if not for the defect.
Damages/injury — There must be real harm. Examples include physical injury and medical costs.

Types of Compensation in Product Liability Cases

Here’s what you may claim in a product liability case:

Medical expenses

Costs for treatment, surgery, rehabilitation, medications, etc

Lost wages/income

Past and future earnings lost because of the injury

Pain and suffering / non-economic damages

Compensation for physical pain, emotional distress, diminished life enjoyment

Property damage

Damage to other property caused by the defective product (note purely economic losses may be limited under Illinois “economic loss” doctrine)

Punitive damages (in rare cases)

When conduct is especially reckless or intentional, courts may award extra damages to punish and deter

These categories help capture the full scope of losses connected to a defective product under Illinois law.

How Furqan Mohammed Can Help

If you’ve been injured by a defective product, a skilled product liability attorney like Furqan Mohammed can be a vital ally in navigating the complex process and improving your chance of a fair outcome. Here’s how legal representation helps:

Comprehensive investigation: Attorneys can preserve the defective product as evidence, analyze its history, and obtain internal design or safety documents.
Identifying potential defendants: They assess all parties in the product’s chain (manufacturers, distributors, retailers) who may bear responsibility.
Calling expert witnesses: Product defect cases often require engineers, safety analysts, or medical specialists to explain how the defect caused your harm.
Managing legal procedure and deadlines: Attorneys ensure your claim complies with Illinois product liability rules and statute of limitations.
Negotiation and trial advocacy: They advocate for your interests before insurers or in court, countering defense strategies.

Furqan Mohammed brings experience in complex product liability claims. He coordinates technical evidence and advocates strongly for injured persons under Illinois law. If you have been injured or your loved one died due to a product they used, we can help you fight for what you rightfully deserve. Contact Furqan today for a no-obligation initial consultation.

Frequently Asked Questions

Who is eligible to file a product liability claim?

Anyone injured by a product defect (or a decedent’s estate in a death case) can file a claim. The defect may lie in design, manufacturing, labeling, or warnings, and any party in the chain of distribution, such as the manufacturer, distributor, or retailer, may be held liable under Illinois law (735 ILCS 5/13-213).

What are the deadlines for filing?

Illinois generally allows two years from the date of injury (or discovery of injury) to file a product liability claim. Beyond that, there is a statute of repose: no action may be brought more than 12 years from the product’s first sale (or 10 years from first delivery to a non-seller), whichever comes earlier.

What legal process is involved in such cases?

A claimant must plead a claim under one or more theories (strict liability, negligence, breach of warranty), identify responsible parties, exchange evidence (discovery), and possibly present expert testimony (e.g., engineers, designers) to show defect, causation, and damages. Illinois requires a certificate of merit in many product liability claims (735 ILCS 5/2-623) to support technical assertions.

What rights do injured persons hold in these claims?

You have the right to seek compensatory damages (medical bills, lost wages, pain and suffering), and under certain conditions, punitive or exemplary damages. A defect may be presumed “reasonably safe” unless a feasible alternative design existed.