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If you or a loved one has suffered from E. coli contamination, you deserve trusted legal representation to fight for your rights. Our Illinois E. Coli attorneys at the Lange Law Firm, PLLC specialize in handling cases related to foodborne illness. Arrange a free consultation to review your E. Coli lawsuit by calling (833) 330-3663 or messaging us online.
Selecting the right legal representation for your E. Coli lawsuit is crucial for securing a favorable outcome. At The Lange Law Firm, we bring extensive experience in handling E. Coli cases, providing our clients with dedicated advocacy and personalized support. Clients choose us for several reasons:
Here are a few of the substantial settlements or verdicts our E. Coli lawyers have secured for victims of foodborne illness:
An E. Coli lawyer can provide numerous benefits to your case:
Product liability laws in Illinois regulate the accountability of manufacturers, distributors, and sellers for injuries resulting from faulty or dangerous products, including food contaminated with E. coli bacteria. These statutes offer avenues for individuals harmed by consuming contaminated food to pursue legal for their damages.
Illinois Statutes, Chapter 735, Act 5: Article II, Part 21, Section 5/2-2101
“Product liability action” means a civil action brought on any theory against a manufacturer or product seller for harm caused by a product.”
Most E. Coli cases are brought on the grounds of strict liability.
Under strict liability, plaintiffs (E. Coli victims) must only establish that a food product was defective or unreasonably dangerous, leading to their illness rather than proving the defendant’s (at-fault party’s) negligence. According to 735 ILCS 5/2-621:
“A (manufacturer, wholesaler, distributor, retailer, processor of materials, maker of a component part) that sells a product in a defective condition is liable for injury that results from use of the product when the product is used for its intended or reasonably foreseeable purpose.”
Plaintiffs may argue that the food product became contaminated due to mishandling, inadequate processing, or improper storage, rendering it unreasonably dangerous for consumers.
Plaintiffs may also pursue E. Coli claims based on negligence. However, bringing a claim on the grounds of negligence requires plaintiffs to prove that the defendant owed them a duty of care, typically by demonstrating a legal obligation to ensure the safety of the food product in question. Secondly, the defendant breached this duty of care by failing to uphold reasonable standards for food safety, such as through negligent handling, processing, or storage of the product. Thirdly, the plaintiff must establish that this breach of duty directly caused their E. Coli infection, typically by showing that they consumed contaminated food sold or distributed by the defendant. Finally, there must be evidence of the damages they suffered due to the E. Coli infection.
Plaintiffs may also assert claims for breach of either express or implied warranties. A breach of warranty occurs when a representation or assurance regarding a product, made by either the manufacturer or the seller, is not fulfilled or proves to be false. Governed by federal and state laws, including provisions outlined in the Uniform Commercial Code (UCC), these regulations establish criteria that render a warranty invalid under specific conditions.
In Illinois, the statute of limitations for product liability claims is generally governed by the Illinois Compiled Statutes, specifically 735 ILCS 5/13-202. Under this statute:
“Actions for damages for an injury to the person…shall be commenced within 2 years next after the cause of action accrued…”
Therefore, the time limit for filing a product liability lawsuit is typically two years from the date you consumed the contaminated product. Additionally, products liability lawsuits are subject to a statute of repose, which is determined by the earliest expiration date from the following periods:
Due to these deadlines, it is crucial for individuals who believe they have an E. Coli claim to consult an experienced Illinois E. Coli Attorney as soon as possible.
When you choose The Lange Law Firm, you will have an Illinois E. Coli Attorney who will fight tirelessly for your rights and well-being. Call or message us online to arrange a free case review today.