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Strict liability is a legal doctrine that holds parties responsible for harm caused by their products, animals, or abnormally dangerous activities without requiring injured victims to prove negligence or fault.
You don’t have to prove the manufacturer was careless in designing or making the product. You don’t have to prove the dog owner knew their dog was dangerous. You only have to prove the product was defective, the dog bit you, or the activity was abnormally dangerous, and that defect or incident caused your injuries.
Walner Law represents people injured by defective products, dog bites, and hazardous activities across Chicago and Cook County in cases where strict liability applies. We handle claims where manufacturers, property owners, or businesses deny responsibility, dispute product defects, or refuse fair compensation for injuries caused by their products or animals.
Key Takeaways for Strict Liability in Illinois
- Strict liability holds parties responsible for harm without requiring proof of negligence or fault in three main areas: defective products, dog bites, and abnormally dangerous activities
- Product liability cases require proving the product was defective (design defect, manufacturing defect, or failure to warn) and unreasonably dangerous, not that the manufacturer was careless
- Illinois dog bite law under 510 ILCS 5/16 holds owners strictly liable when their dogs injure people, regardless of the dog’s prior behavior or owner’s knowledge of aggression
- You can sue manufacturers, distributors, retailers, and anyone in the chain of distribution under product strict liability without proving which party caused the defect
- Illinois comparative fault under 735 ILCS 5/2-1116 applies to strict liability cases, reducing recovery if you misused the product or contributed to your injury
What Does Strict Liability Mean in Illinois Personal Injury Cases?
In traditional negligence cases, you must prove the defendant owed you a duty of care, breached that duty through careless conduct, and caused your injuries. In strict liability cases, liability attaches simply because the defendant’s product, animal, or activity caused harm, regardless of how careful they were.
Illinois recognizes strict liability in three primary contexts:
- Product liability: Manufacturers, distributors, and sellers are strictly liable for injuries caused by defective products that are unreasonably dangerous.
- Dog bites: Dog owners are strictly liable when their dogs bite or injure people without provocation, regardless of whether the owner knew the dog was dangerous.
- Abnormally dangerous activities: Parties engaged in inherently hazardous activities, such as blasting, storing explosives, or handling toxic chemicals, are strictly liable for injuries caused by those activities, even if they exercise utmost care.
Why Does Strict Liability Exists?
Strict liability recognizes that certain activities and products create risks that defendants are better positioned to control than injured victims. Manufacturers control product design, testing, and warnings. Dog owners control their animals. Parties conducting blasting operations control hazardous activities.
Strict liability incentivizes these parties to minimize risks and ensures injured victims can recover compensation without the burden of proving negligence, which can be difficult when defendants control evidence and expertise.
Do I Have to Prove the Company Was Careless in Product Liability Cases?
No. Strict product liability doesn’t require proving the manufacturer was careless. You must prove:
- The product was defective: It had a design defect, manufacturing defect, or failure to warn that made it unreasonably dangerous.
- The defect existed when the product left the defendant’s control: The manufacturer, distributor, or retailer sold a defective product—not that you damaged it after purchase.
- The defect caused your injuries: The product’s defect, not your misuse or an unrelated cause, injured you.
- You used the product as intended or in a reasonably foreseeable way: You don’t have to use the product exactly as the manufacturer intended, but your use must be reasonably foreseeable.
You don’t have to prove the manufacturer was negligent in designing, testing, or manufacturing the product. The defect’s existence and the resulting injury establish liability.
What Makes a Product “Unreasonably Dangerous”?
A product is unreasonably dangerous when its risks outweigh its benefits, or when a reasonable alternative design would have reduced risks without significantly impairing the product’s usefulness.
Courts consider:
- The product’s utility and benefits
- The likelihood and severity of harm
- The availability of safer alternative designs
- The feasibility of making the product safer
- User expectations about safety
A household appliance that catches fire during normal use is unreasonably dangerous because users expect appliances to operate safely. A chainsaw is inherently dangerous, but not unreasonably so if properly designed with safety guards and clear warnings, because the danger is necessary for the product’s intended function.
What Defenses Do Manufacturers Use in Illinois Strict Liability Cases?
Even in strict liability cases, manufacturers assert defenses to avoid or reduce liability.
- Product Misuse: The manufacturer argues you used the product in a way not intended and not reasonably foreseeable, breaking the causal link between the defect and your injury. If you modified the product, ignored clear warnings, or used it in bizarre ways, the manufacturer may escape liability.
- Assumption of Risk: The manufacturer argues you knew about the product’s dangers and voluntarily chose to use it anyway. This defense is difficult to prove and rarely succeeds unless the danger was obvious and you proceeded despite warnings.
- Comparative Fault: Illinois comparative fault under 735 ILCS 5/2-1116 applies to strict liability cases. If your misuse or negligence contributed to your injury, your recovery is reduced by your percentage of fault. If you’re 51% or more at fault, you recover nothing.
- Statute of Repose: Illinois imposes a statute of repose barring product liability claims filed more than 10 years after the product was first sold, regardless of when the injury occurred. This protects manufacturers from indefinite liability for old products.
Who Can I Sue in Product Liability Cases?
Strict product liability allows you to sue anyone in the chain of distribution without proving which party caused the defect. Parties that may be liable include:
- Manufacturers: The company that designed and produced the product bears primary responsibility for defects.
- Distributors and wholesalers: Companies that distribute products to retailers can be held strictly liable even if they didn’t manufacture or inspect the product.
- Retailers: Stores that sell defective products face strict liability even though they didn’t design, manufacture, or inspect the product. The retailer’s role in placing the product in the stream of commerce makes them liable.
This rule ensures injured victims can recover even when manufacturers are bankrupt, located overseas, or otherwise difficult to sue. You pursue the most accessible and financially responsible party in the chain.
Strict Liability and Illinois Dog Bite Law
Illinois dog bite law under 510 ILCS 5/16 imposes strict liability on dog owners when their dogs injure people. You don’t have to prove the dog bit anyone before or that the owner knew the dog was dangerous. The bite itself establishes liability.
Requirements for strict liability:
- The owner’s dog injured you through biting, attacking, or other aggressive behavior. The injury doesn’t require a bite; any injury from the dog’s aggression qualifies.
- You were lawfully present where the injury occurred, whether on public property, on the owner’s property with permission, or performing lawful duties.
- You didn’t provoke the dog by teasing, hitting, or threatening the dog defeats strict liability.
Exceptions to strict liability in dog bite cases include:
- If you were trespassing when the dog bit you, the owner isn’t strictly liable, but may still be liable under negligence if they knew the dog was dangerous.
- If you provoked the dog, strict liability doesn’t apply. The owner may argue that you teased, threatened, or hit the dog, causing the attack.
Walner Law Chicago dog bite attorney represents dog-bite victims across Chicago in strict liability claims, pursuing compensation for medical expenses, scarring, emotional distress, and permanent disfigurement caused by dog attacks.
Abnormally Dangerous Activities and Strict Liability Claims
Illinois recognizes strict liability for activities that create serious risks of harm, even when conducted with utmost care. These activities are inherently hazardous, and the parties conducting them are better positioned than injured victims to bear the costs of accidents.
What Qualifies as Abnormally Dangerous
Courts determine whether an activity is abnormally dangerous by considering several factors:
- The degree of risk of harm to people or property
- The likelihood that resulting harm will be severe
- Whether the risk can be eliminated through reasonable care
- Whether the activity is commonly conducted in the area
- The activity’s appropriateness to the location
- The activity’s value to the community
Activities courts have recognized as abnormally dangerous include:
- Blasting and explosives: Using explosives for construction, demolition, or excavation creates inherent risks that reasonable care cannot eliminate. Even professionally conducted blasting can cause unexpected damage through vibrations, flying debris, or concussive force.
- Storing hazardous materials: Storing large quantities of flammable liquids, toxic chemicals, or explosive materials near residential or commercial areas creates serious risks. Leaks, fires, or explosions can occur despite careful storage procedures.
- Pile driving and certain construction activities: Heavy construction activities like pile driving near existing structures create vibration and structural risks that careful procedures may not prevent.
- Fumigation with toxic chemicals: Using toxic fumigants in buildings or structures creates serious poisoning risks to nearby residents or occupants, even when professionals follow safety protocols.
When Strict Liability Doesn’t Apply
When abnormally dangerous activities cause injury or property damage, the party conducting the activity is strictly liable regardless of how carefully they operated. However, defendants may asserted limited defenses, including:
- Assumption of risk: The defendant argues you knowingly moved near or remained near the dangerous activity despite understanding the risks. This defense rarely succeeds because most people don’t voluntarily assume risks from commercial activities near their property.
- Comparative fault: If your own negligence contributed to your injury, like ignoring warnings, entering restricted areas, or interfering with safety measures, Illinois comparative fault may reduce your recovery.
- Proximate cause: The defendant argues that an intervening cause, not the dangerous activity, caused your injury. This defense requires proving that an unforeseeable event broke the causal chain between the activity and your damages.
Walner Law represents property owners and individuals injured by blasting, hazardous materials, and other abnormally dangerous activities conducted by construction companies, manufacturers, and commercial operations across Chicago and Cook County.
FAQ: Strict Liability in Illinois Personal Injury Cases
You must file suit within two years from when you knew or should have known about your injury under the statute of limitations, and within 10 years after the product was first sold under the statute of repose. Missing either deadline forfeits your claim, so contact Walner Law promptly to evaluate deadlines and preserve your rights.
Product recalls provide strong evidence of defects but don’t automatically prove liability—you still must show the specific defect existed when the product left the manufacturer and caused your injury. However, recall notices, consumer complaints leading to recalls, and manufacturer acknowledgments of defects significantly strengthen your strict liability claim.
You can pursue claims for your own damages resulting from the injury, such as loss of consortium if your spouse was injured, or expenses you incurred caring for an injured family member. The injured person pursues their own strict liability claim for their bodily injuries, while you may have derivative claims for your losses.
Strict liability typically doesn’t apply to casual sellers of used products (like individuals selling items at garage sales), but may apply to businesses that regularly sell used or refurbished products as part of their commercial operations. The key factor is whether the seller is in the business of distributing that type of product.
Yes. When multiple defective products combine to cause your injury, you can pursue strict liability claims against all manufacturers whose products contributed to the harm. Courts may apportion liability among defendants based on their respective roles in causing your injuries.
Strict liability alone doesn’t support punitive damages because it doesn’t require proving the defendant’s conduct was willful or wanton. However, if evidence shows the manufacturer knew about defects and deliberately concealed them or continued selling dangerous products, you may pursue punitive damages under a separate legal theory.
Contact Walner Law for Help With Chicago Strict Liability Claims
Strict liability provides powerful protection for individuals injured by defective products, dog bites, and dangerous activities; however, manufacturers, property owners, and insurers fight these claims aggressively. They might dispute whether products were defective, argue you misused products or provoked dogs, and assert comparative fault to reduce payouts.
Walner Law represents people injured in strict liability cases across Chicago and Cook County, including defective product claims, dog bite injuries, and harm from abnormally dangerous activities. We collaborate with expert witnesses to establish defects, investigate similar incidents and recalls, challenge comparative fault arguments, and pursue fair compensation for injuries, scarring, and long-term damages.
Need help with your strict liability case? Call (312) 410-8496 for a free consultation. We’ll evaluate your case, explain how strict liability applies under Illinois law, and fight for justice for your injuries.
