When a product injures the person using it as intended, the claim runs against the companies that designed, made, or sold it rather than against another individual. This page collects every product liability and mass tort guide on this site.
Illinois recognises three theories, and most serious cases plead more than one. A manufacturing defect means this particular unit came out wrong. A design defect means every unit is dangerous as designed, judged either by consumer expectations or by a risk-utility analysis weighing a feasible safer alternative. A failure to warn means the danger was real, not obvious, and inadequately disclosed. Strict liability applies, so you generally do not have to prove the manufacturer was careless — only that the product was unreasonably dangerous and that the defect caused the injury.
Deadlines have an extra layer. The ordinary two-year limitations period applies, but 735 ILCS 5/13-213 adds a statute of repose that can cut off a claim a set number of years after the product first entered the stream of commerce, regardless of when the injury happened. Preserving the product itself matters enormously; a claim is far harder to prove once the evidence has been repaired, scrapped, or thrown away.
Mass torts are a different procedural animal from class actions, and the distinction is frequently misunderstood. In an MDL, many individual cases are consolidated before one federal judge for pretrial purposes, but each claimant keeps their own case and their own damages. In a class action, one judgment binds everyone. Pharmaceutical, medical device, and consumer product litigation almost always proceeds as an MDL rather than a class action, which means individual medical proof still drives individual outcomes.
All Guides in This Section
Mass Torts / Product Liability
- Hair Relaxer Lawsuits in Chicago Federal Court: What Claimants Should Know
- How to Choose a Product Liability Lawyer in Chicago
- Mass Torts Explained: MDL vs. Class Action for Injury Victims
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Phillips Law Offices handles product liability and mass tort claims cases across Chicago and Illinois. The consultation is free and there is no fee unless we win. Call (312) 346-4262 or contact us online. Our office is at 161 N Clark St Suite 4925, Chicago, IL 60601.
Attorney Advertising. This article provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of your case — speak to a licensed Illinois attorney about your situation. Contingency fees cover legal fees only. Clients may remain responsible for case costs and expenses such as filing fees, expert witnesses, and medical records; ask any firm to put its cost policy in writing.
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