If you were injured because of a defective product, a dog bite, or another hazardous situation in Chicago, Illinois, you might have a personal injury case based on strict liability. Unlike negligence cases, strict liability does not require you to prove that someone was careless. Instead, the focus is on the defendant’s actions and the harm caused, regardless of intent or fault.
Strict liability can provide a powerful tool for injured victims who might otherwise struggle to hold responsible parties accountable. Learning about how strict liability works can help you know your legal rights and the types of compensation you might be entitled to under Illinois law.
What is Strict Liability?
Strict liability is a legal concept where a person or company can be held responsible for harm, even if they did not act negligently or with wrongful intent. It essentially removes the need to prove fault in certain situations. If you can show that a specific product, action, or condition caused your injury, you may have a valid strict liability claim.
Strict liability often applies in three major types of cases in Illinois:
- Product liability claims: Injuries caused by defective products
- Dog bite claims: Injuries caused by an animal, regardless of the owner’s intent
- Abnormally dangerous activities: Injuries caused by inherently risky activities like using explosives or keeping wild animals
In these cases, it doesn’t matter whether the defendant was careful. If the activity or product caused harm, they can still be held liable.
Strict Liability in Illinois Product Liability Law
Illinois law recognizes strict liability for injuries caused by defective products. Under Illinois law, manufacturers, sellers, and distributors can be held strictly liable if their defective product injures someone.
There are three main types of product defects that can lead to a strict liability claim:
- Manufacturing defects: When a product is improperly made, making it dangerous
- Design defects: When a product’s design is unsafe, even if it is properly manufactured
- Failure to warn: When a company does not provide adequate instructions or warnings about the risks of using the product
To win a strict liability product claim in Illinois, you must generally prove:
- The product was defective
- The defect existed when the product left the defendant’s control
- You were injured while using the product in a reasonably foreseeable way
You do not have to prove that the manufacturer or seller was negligent. This helps consumers injured by dangerous products pursue compensation more easily.
Strict Liability for Dog Bites in Illinois
Illinois is a strict liability state when it comes to dog bites and other animal attacks. Per state law, a dog owner (or person in control of the dog) can be held responsible if their animal attacks or injures someone, even if the dog had never bitten anyone before or shown signs of aggression.
To win a dog bite claim in Illinois, you generally must show:
- The dog attacked or attempted to attack you
- You were lawfully on the property or in a public place
- You did not provoke the dog
You do not have to prove that the owner was negligent or knew the dog was dangerous. If the dog caused injury and the victim wasn’t trespassing or provoking the animal, the owner can usually be held liable for damages.
Strict Liability for Abnormally Dangerous Activities
Illinois law also applies strict liability to “abnormally dangerous activities.” These are activities that carry a high risk of harm even when proper care is taken.
Examples include:
- Blasting with explosives
- Storing hazardous chemicals
- Keeping wild or exotic animals
When someone engages in these activities, they are responsible for any injuries or damage that result, regardless of the precautions they take. The idea is that people who engage in extremely risky activities must accept responsibility if others get hurt.
What Damages Can You Recover in a Strict Liability Case?
If you have a valid strict liability claim in Illinois, you may be entitled to compensation for a wide range of economic and non-economic damages, including:
- Medical expenses
- Rehabilitation costs
- Lost wages or reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Disability or disfigurement
In some cases, punitive damages might also be available, especially if the defendant’s actions were especially reckless or harmful.
How Long Do You Have to File a Strict Liability Claim in Illinois?
Illinois sets strict time limits, called statutes of limitations, for filing personal injury claims. In most strict liability cases, you have two years from the date of your injury to file a lawsuit.
If you are suing over a defective product, Illinois law also has a “statute of repose” that generally bars claims brought more than 10 years after the product was first sold. These deadlines can be complex, and missing them can permanently prevent you from recovering compensation.
It’s best to speak with a lawyer as soon as possible after an injury to protect your rights and avoid missing important filing deadlines.
Contact an Experienced Chicago Personal Injury Lawyer for a Free Consultation
Strict liability cases can make it easier for injured victims to hold companies, dog owners, and others accountable for the harm they cause. However, you still must build a strong case backed by evidence to prove your right to compensation.
If you or a loved one were hurt by a defective product, a dog bite, or an abnormally dangerous activity, contact Powell and Pisman Injury Lawyers today for a free consultation. Our Chicago personal injury attorneys are ready to help you get the compensation you deserve at (312) 635-5400 .