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Illinois Products Liability Questions & Answers
1 Answer | Asked in Products Liability for Illinois on
Q: Under what circumstances is a product considered to be defective?
T. J. Jesky
T. J. Jesky
answered on Nov 2, 2018

There are different types of defects and different theories. However, to answer you question based on negligence theory, the focus in negligence will be based on the defendant’s conduct.

This would include defects that are based on : a) Negligence design; b) Negligence manufacture; c)...
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1 Answer | Asked in Products Liability for Illinois on
Q: If we want to launch a product and we call it beta, does that protect us in any way?
T. J. Jesky
T. J. Jesky
answered on Sep 21, 2018

As you are aware, Beta testing is just a test to ensure software meets functional expectations. With regards to your question, if you want to protect your beta testing with others, you should have them sign either a:

1) Non Disclosure Agreement. This is a fairly standard business...
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1 Answer | Asked in Products Liability for Illinois on
Q: If I sell a product that isn't good, am I still liable, or is the manufacturer?
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Based on the fact, that you know the product is not good, of course, you would be liable.

Generally speaking, if a retailer sells a product routinely, they as well as the manufacturer are liable for any defects. It is responsibility of the retailer to inspect the product before it is...
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2 Answers | Asked in Products Liability for Illinois on
Q: Does the piece of paper that shipped with something warning you about getting injured mean we can't sue?
Jeremy Wang
Jeremy Wang
answered on Sep 1, 2018

Anyone can sue anyone for anything. The question becomes whether or not you will be successful.

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1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Small Claims for Illinois on
Q: I was sold a vehicle which I was told had no damage . i later found out in had frame damage.Can I sue for product liab?

I was involved in an accident. I hit a parked car , however the entire vehicle flipped causing me to be hospitalized, I lost wages at work, etc. I later found out the car had frame damage which played a huge role in why the car flipped instead of staying upright.

Steve McCann
Steve McCann
answered on Aug 29, 2018

It is certainly possible you have a viable cause of action, as well as the ability to recover for the personal injuries sustained. However, the chances of recovery are dependent on specific facts that are not provided here, such as the details around the collision and the applicability of various... View More

2 Answers | Asked in Products Liability for Illinois on
Q: How do I know what implied warranties I have from the new car I purchased?
Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 18, 2018

They should be in the documentation you received once you purchased the vehicle.

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1 Answer | Asked in Products Liability for Illinois on
Q: Can I file a products liability lawsuit against a company that makes painful shoes?
Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2018

generally no. Take them back.

1 Answer | Asked in Products Liability for Illinois on
Q: What kinds of compensation can I ask for in my defective product liability claim?
Steve McCann
Steve McCann
answered on Jun 10, 2018

It is impossible to know what a claim is worth without knowing a great deal of more facts surrounding the claim, including the nature of the defective product, and the damages sustained. That said, I recommend organizing everything you have in your possession relevant to this matter, including all... View More

1 Answer | Asked in Products Liability for Illinois on
Q: If a company issues a recall on their product, does that mean you can no longer sue them if you got injured before they

notified you of any potential danger?

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

No. If you were hurt contact a member of the Illinois Trial Lawyers Assn who handles product liability claims.

1 Answer | Asked in Products Liability for Illinois on
Q: My daughter almost choked on a new toy.

Even though she was okay, can we still sue the company because the product is unsafe?

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

You can only sue for what did happen, not what could have. You should however file a complaint with the Consumer Product Safety Commission.

1 Answer | Asked in Products Liability for Illinois on
Q: Can a maker of a common household cleaning product be sued under a theory of products liability if the product gave me

second degree burns upon skin contact with my hands? There were no warnings on the bottle not to touch it without gloves.

Steve McCann
Steve McCann
answered on Dec 13, 2017

It is possible, but one must have a great deal of additional information in order to provide you with a comprehensive answer to your question, as it is extremely fact specific. That being the case, I would recommend organizing all information you have in your possession related to this matter,... View More

1 Answer | Asked in Products Liability for Illinois on
Q: I was injured in an accident (single car) when my car's airbag didn't inflate. A month later, the car manufacturer

issued a recall for this very reason. Can I sue them for my injuries since this seems to have been a known defect with the vehicle?

Steve McCann
Steve McCann
answered on Nov 27, 2017

It is very possible, but an attorney must know additional details about your situation to give you an answer with more certainty, as these are often difficult cases to prove. That said, I would recommend organizing all information you believe is relevant to this situation, including pictures,... View More

1 Answer | Asked in Products Liability for Illinois on
Q: If I'm injured from a product in a way that isn't on the warning label, do I have a case?
Steve McCann
Steve McCann
answered on Nov 2, 2017

It is possible, but the likelihood of success on a lawsuit, and the viability of recovery is a very fact specific determination that cannot be made with confidence unless one has much more information than is provided in this question. Therefore, I would recommend organizing everything related to... View More

1 Answer | Asked in Products Liability for Illinois on
Q: I just found out some stuff i sold online is under recall - what should I do?
Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

Notify your customers. Contact the manufacturer and find out what they are telling wholesalers to do.

1 Answer | Asked in Products Liability, Arbitration / Mediation Law and Consumer Law for Illinois on
Q: Can you sue a car company? I wasn't hurt or anything but the fact is I feel I was ripped off and deceived, and lied too!

I went to chevy dealer ship for a oil change and the guy said we running a special get a oil change and tire rotation for 50 bucks! I said sound good! I was there and I knew my tire had a nail in my tire wall and they would ask if I wanted to change my tire but they never did! I Sat their from... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

Not much of a case, and no lawyer would touch it, unless it was a class action.

Your option, small claims court. Or, call your state consumer rights division, to report the deceptive practice. The company will claim it was just an oversight.

If it makes you feel better, find their...
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1 Answer | Asked in Civil Litigation and Products Liability for Illinois on
Q: How is fault/liability determined in the food industry in regards to allergies?

A friend of mine ordered chicken tacos at a restaurant in Illinois and was served fish tacos instead. He has a seafood allergy but did not alert the staff. He had an allergic reaction which required use of his epi-pen and about 4 hours in the hospital. He was only seeking reimbursement for $145 in... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

The best you can do is file a small claims court case. The restaurant is possibly right about it, under Illinois law.

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Can i put a claim against a cell phone maker for possible health issue.

My phone keep over heating and i have had vascular burning and ear ringing, now ear aches coming from the phone. Dec. 2,2015. I suffered a brain stroke and burst blood vessel after complaining of the phone over heating problem to T-mobile and Samsung. Please let me know because my health has... View More

Steve McCann
Steve McCann
answered on Aug 2, 2017

If your health is worsening, I highly recommend seeking medical attention first and foremost. Next, consult with a personal injury attorney. Do not make any statements until you do. A knowledgeable personal injury attorney will review the details of your situation, and advise as to the best... View More

1 Answer | Asked in Products Liability and Consumer Law for Illinois on
Q: Can a manufacturer be held liable for damages to our property due to there product exploding?

Purchased a 2017 electric scooter from amazon on 4/4/17 and it exploded 6/25/17 causing serious damage to our camper ,car, Plus damage to our harley , as well as 100% loss of scooter that is under warranty. I sent pics to manufacture through Amazon and never got a response

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

You need estimates for each item of damage. Then you can file suit in small claims against both companies. Send a notice of your situation to the Consumer Product Safety Commission.

1 Answer | Asked in Products Liability for Illinois on
Q: If my child was injured by a toy how can you tell if you have a product liabilty claim?

There is a chance that the toy was just hard to use correctly - would that cancel out the claim?

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Question is the risk of harm, and whether the harm could have been designed out (see Edward Swartz, Toys That Don't Care).

If it's a significant injury contact a member of the Illinois Trial Lawyers Association who handles product cases--they give free consults.

1 Answer | Asked in Products Liability and Car Accidents for Illinois on
Q: What do you ask the insurance company to compensate you for other than transferring your plates and your title/reg?

Iwas involved in a rear end collision (not at fault) the car behind me swerved out of the way and luckily did not hit me. But the second car behind me unfortunately struck my right backside tail light. After the accident she stated that when she realized she was coming straight at me it was too... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

Youi get the book value of the car. Under the books addition should be made if in great condition. Unfortuantely if book value is low about all you get. However you may have an injury case if you haven't given statements that hurt such a case. Time you got a consult with a member of the... View More

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