Q: If I was injured by a firework that I know is defective, can I still sue even though it's a type that isn't technically
allowed to be bought or used in Illinois?
A: If it was sold and was defective, yes, though you would have to file suit in the state where it was sold or the state where the manufacturer lives. Hope you hung on to all pieces of the firework. Problem is proving it was defective--much much tougher thanks to the Republicans in the last 15 years.
A: If the product was in fact defective you would have a claim for breach of implied warranty, product liability and the failure to warn possibly. The fact that fireworks are not allowed or used in Illinois is not a big problem given the expectation by the seller, distributor and maker of the fireworks must know that neighboring states' residents like those in Illinois will be crossing state lines to purchase these products for use there.
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