Do I Have to Prove Negligence for a Product Liability Claim?

 Posted on June 28, 2025 in Personal Injury

When you buy a product, you expect it to be safe to use. Unfortunately, some products cause serious injuries and illnesses. Whether you use a defective appliance or an unsafe medical device, the harm you could suffer from these products can be painful, costly, and impact your life. Most personal injury cases require you to establish that someone else’s negligence directly caused your accident, injuries, and related losses. If you were hurt by a defective product, you may be wondering whether you have to prove someone was negligent to file a claim for compensation.

In many product liability cases, you do not need to prove negligence. Illinois law allows injured consumers to pursue claims for compensation based on strict liability, which focuses on the product's defects instead of the manufacturer's conduct or negligence. Our knowledgeable Cook County, IL product liability attorney can help you fight for maximum compensation.

What Is Strict Liability in a Product Injury Case?

Strict liability means that a designer, manufacturer, distributor, or seller can be held responsible for a defective product, even if they did not act carelessly. To succeed in a strict liability claim, you usually must prove that:

• The product was defective or unreasonably dangerous.

• The product was used as intended or in a reasonably expected way.

• The defect directly caused your illness or injury.

Most of these claims focus on design defects, manufacturing defects, and marketing defects, such as insufficient warnings or confusing instructions. We can help identify which type of defect applies to your case.

When Does Negligence Matter in a Product Liability Case?

In certain situations, a product liability claim may be based on negligence. A negligence claim focuses on whether the manufacturer or seller failed to act with reasonable care in designing, producing, or distributing the product.

For example, if a company failed to test a product before release or ignored known safety concerns, negligence may apply. In other cases, poor quality control or a failure to recall a dangerous product may support a claim of negligence.

What Defective Products Can Cause Injury or Illness?

Some of the most common types of product liability claims involve defective medical devices, household appliances, auto parts, children’s toys, or cleaning chemicals. These products may cause damage due to poor design, manufacturing errors, or inadequate warnings about potential risks.

Medical products, such as joint implants or surgical mesh, can cause severe injury or illness if they break down in the body or are not properly sterilized during production. Faulty brakes or tires can lead to serious crashes. Toys with small parts or unsafe materials can put children at risk of choking or poisoning. Even everyday items, such as space heaters or cooking tools, can cause fires or burns.

Why Do I Need a Lawyer for a Product Liability Claim?

You need several types of evidence to support your claim, and obtaining it usually requires an investigation. You need an accurate estimation of your case’s value so you do not accept a settlement offer that is too low, and you may have to fight the liable insurer to reach an acceptable amount.

We can handle those tasks for you. We will always pursue the highest available amount of compensation on your behalf and remain by your side at every step.

Talk to a Determined Orland Park, IL Product Liability Lawyer Today

If a dangerous or defective product harmed you, our skilled Cook County, IL personal injury attorney can make a real difference in your outcome. Contact Law Office of J. Francis Barker, P.C. online or by calling 708-321-1223 today to schedule a free consultation.