When someone gets hurt by a defective product or another dangerous condition, they do not always have to prove someone was careless. In Illinois, certain personal injury cases use strict liability, which means the injured person can win compensation even if the other party took steps to avoid an injury. You do not have to show that the other side was negligent or reckless.
In this article, we’ll explain how strict liability works in Illinois and why it may affect your personal injury claim. Knowing about these laws can help guide you if you believe a faulty product or hazard caused your injury.
What Is Strict Liability?
Strict liability is a legal theory that says a person or company is responsible for harm, even if they tried to be careful. In most personal injury cases, you must show the other side acted carelessly (breached a duty of care). Under strict liability, the main question is whether the product or situation was dangerous and caused your injuries.
If you prove that strict liability rules apply to your situation, you might be able to get damages without showing the other party was careless.
Common Examples of Strict Liability in Illinois
Illinois uses strict liability in three main areas: product liability, dog bites, and abnormally dangerous activities.
Product Liability
If you bought a product and got hurt because it was poorly designed, had a manufacturing error, or lacked clear warnings, you can bring a strict liability claim against the company that made or sold it. Examples include cars with defective brakes, children’s toys made of harmful materials, and electronics that catch fire due to faulty wiring.
Dog Bites and Attacks
Under Illinois law, dog owners can be responsible if their animal bites or attacks someone, as long as the injured person was not trespassing or provoking the dog. Unlike states with a “one-bite rule,” Illinois immediately imposes strict liability if certain conditions are met.
Abnormally Dangerous Activities
State law also categorizes “abnormally dangerous activities” as subject to strict liability. An example would be using explosives to demolish a building. In Illinois, whether an activity is considered “abnormally dangerous” is a matter of law to be decided by courts.
How Strict Liability Differs From Negligence
In regular negligence cases, you must show that someone owed you a duty of care, breached that duty, and caused your injuries. You also must prove their careless behavior led to your harm. In total, four legal elements are required to prove negligence; if just one of them is not met, the claim could fail.
Strict liability flips that idea, at least in a sense, and makes it a bit easier to win your case. You do not have to focus on whether the defendant acted reasonably. Instead, you show that a product or situation posed an unreasonable risk and that this risk caused your injury. If you prove that, the defendant may owe you damages.
How To Prove a Strict Liability Claim in Illinois
Legal elements are still involved in a strict liability claim, but they are a bit more straightforward than negligence. You generally must prove:
- You suffered an injury or loss.
- A dangerous condition or defect caused your harm.
- The defendant controlled the product or animal.
Misusing the product in a way the manufacturer could not foresee might weaken your claim. For dog bites, you may need to show you were on the property legally and did not provoke the animal.
Damages You Might Recover in a Strict Liability Claim
If you win a strict liability claim in Illinois, you can usually receive compensation for both your economic and non-economic damages. Examples include:
- Medical Expenses: emergency care, surgeries, and follow-up treatments
- Lost Wages: money you did not earn because your injury kept you from working
- Pain and Suffering: physical and emotional hardships caused by the accident
- Property Damage: if your belongings were harmed by the defective product or animal
- Rehabilitation Costs: therapy or counseling to help you recover
In rare cases, courts may award punitive damages if the defendant’s behavior was extremely reckless or if they ignored obvious dangers. These awards punish the defendant and discourage similar behavior.
Contact a Chicago Personal Injury Lawyer for a Free Case Review
Strict liability can make it easier to win compensation than a normal negligence claim, but you still need strong proof. If a defective product or dangerous animal injured you, you might have a solid case—even if the other party insists they did nothing wrong.
A knowledgeable attorney can assess your claim, gather evidence, and address any defenses. If you want to learn more, contact a Chicago personal injury lawyer at Zayed Law Offices Personal Injury Attorneys for a free case review. You’ll receive advice based on your unique situation and find out how to move forward with confidence.
