As an Illinois business owner facing a potential product liability lawsuit from a customer, you have several options available to you.
First, you should review the facts surrounding the alleged product defect and determine whether there is any merit to the claim. If there is no merit, you may choose to contest the claim and defend yourself in court.
If you believe there may be some truth to the customer's claim, you may consider settling the matter outside of court through negotiation with the customer or their representative. This would involve entering into a settlement agreement that provides the terms of resolution in exchange for the customer dropping the lawsuit.
In either case, it is important that you consult with an experienced attorney who can assist you in determining the most appropriate course of action for your specific situation.
In terms of limitations and exceptions, it is important to note that Illinois follows a modified comparative negligence framework in handling product liability claims. This means that if the customer is found to have contributed to the injury or harm resulting from the defective product, their recovery may be reduced in proportion to their degree of fault. Additionally, there may be applicable statutes of limitations that limit the amount of time a customer has to bring a lawsuit against a business.
To protect yourself and your business in the future, it is important to regularly review and update your products and operations to ensure they meet industry standards and adhere to applicable laws and regulations. It may also be helpful to obtain business liability insurance to help cover any potential legal costs associated with product liability claims.
Again, it is crucial that you seek the advice of a licensed attorney familiar with product liability law in Illinois to ensure you are taking appropriate action in your specific situation.
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