While the law intends to hold manufacturers responsible for defective products, consumers may also share liability in certain situations. The name for this concept is comparative fault, and it can significantly impact the outcome of a product liability claim.

Therefore, knowing Illinois’ comparative fault laws is an important part of seeking compensation for injuries that result from defective products.

Comparative fault guidelines in Illinois

The specific application of the comparative fault principle varies by state. In Illinois, the law follows a modified comparative fault rule for product liability cases. This means that if you’re partially responsible for your injury, you can still recover damages as long as you’re not more than 50% at fault.

It’s important to note that the law considers comparative fault for product liability in a different way from other personal injury cases. The court only considers certain types of consumer behavior when determining fault. These typically include misuse of the product or assuming a known risk.

Ways comparative fault can affect your claim

The primary way the modified comparative fault rule affects your claim is the potential for reduced compensation. Under this system, the court or insurer reduces your payout by your percentage of fault. This means you may receive less compensation than you initially expected.

For example, the court may rule that you are 20% responsible for your injury. If your total damages are $100,000, you would only be able to recover $80,000.

However, if the court finds you to be more than 50% at fault, you won’t be able to recover any damages at all. That’s why presenting a strong case that demonstrates the product’s defect and the manufacturer’s liability is important.

With this in mind, you can expect the defense to try to prove that you misused the product or ignored clear warnings. This could increase your percentage of fault and decrease your potential compensation.

While the facts may appear clear to you and any witnesses, the large corporation that produced the item is likely to have a strong legal team that knows how to frame your claim in a negative light. Don’t underestimate their ability to undermine your case.

While comparative fault rules could complicate your case, being aware of how it works can help you better prepare. A strategic approach can potentially improve your chances of a favorable outcome in pursuing compensation.