E-Commerce Purchases and Product Liability in Illinois

 Posted on August 17, 2023 in Personal Injury

Online shopping has become an integral part of everyday life for most people. While it offers convenience, it also raises concerns about product quality and safety. Understanding your rights and legal options of product liability is crucial if you have experienced harm because of a defective product purchased online in Illinois.

Illinois Product Liability Laws in E-Commerce

Illinois product liability laws provide consumer protection for online purchases, just as they do for traditional brick-and-mortar retail transactions. Whether you buy a product in-store or online, if it caused injury or damage due to defects, you have legal recourse. You can feel reassured that your rights are protected across platforms.

Establishing Liability in E-Commerce Product Cases

Defective Product Categories

E-commerce purchases span various products, from electronics to clothing and more. Defects can arise from design flaws, manufacturing errors, or inadequate warnings.

Proving Negligence or Strict Liability

Illinois product liability claims typically involve proving either negligence or strict liability:

Negligence: To establish negligence, you must show that the seller, manufacturer, or distributor breached their duty of care in providing a safe product. This might involve showing inadequate quality control or a lack of warning labels.

Strict Liability: Illinois law permits strict liability claims, where you only need to prove that the product was defective and caused harm.

Online Marketplace and Seller Liability

Third-Party Sellers on E-Commerce Platforms

Many online marketplaces host products sold by third-party vendors. In such cases, questions regarding liability often arise. While e-commerce platforms might argue limited responsibility, Illinois law recognizes that sellers and platforms can still be liable if they play a role in distributing a defective product.

The Role of Reviews and Descriptions

In e-commerce, product descriptions and customer reviews can play a significant role. Misleading descriptions or failure to warn about potential risks might establish liability for the seller or platform.

Seek Compensation for E-Commerce Product Injuries

Documenting Your Case

As with any product liability claim, documentation is essential. Keep records of your purchase, communications with the seller or platform, and any evidence of the defect and resulting harm.

Pursuing Legal Action

You may pursue legal action if you've been injured because of a defective e-commerce purchase. Consult an experienced product liability attorney in Illinois to discuss your case and determine the best course of action.

The Statute of Limitations

Remember that there is a time limit, or statute of limitations, for filing a product liability claim in Illinois. It is essential to act promptly and seek legal advice without delay.

Contact an Illinois Product Liability Attorney

If you experienced an injury because of a defective product, an Aurora personal injury lawyer can help you navigate the proper steps to take. Contact us for a free consultation. Call Kinnally Flaherty Krentz Loran Hodge & Masur P.C. at 630-907-0909 to get started.

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-213