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Illinois Products Liability Questions & Answers
2 Answers | Asked in Products Liability for Illinois on
Q: Good morning im being sued and I don't know what to do next
Steve McCann
Steve McCann answered on Feb 20, 2019

You should stop everything you are doing and consult with an attorney immediately. Do not contact the relevant parties or make any statements about the matter until you are represented. Also, I recommend acting quickly, as you have a limited amount of time to respond to a summons.

Many...
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2 Answers | Asked in Products Liability for Illinois on
Q: If there are warnings for some potential injuries on an instruction packet, does that mean people can't sue if they're

injured in a different way from the product?

Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2019

Depends on the injury, the product, how it was being used. Contact a member of the Ill. Trial Lawyers Assn who handles product cases---they give free consults.

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1 Answer | Asked in Products Liability and Civil Litigation for Illinois on
Q: Is there a statute of limitations on product liability claims?
Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2019

there is a statute of limitations that runs from the date of injury. Some states have a statute of repose that runs from the date a product was made. Contact a member of the Ill. Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: How do I file a case for a exploding glass milk bottle that caused boldly harm

The glass milk bottle was sitting in the sink. Was being washed out and exploded

Charles Candiano
Charles Candiano answered on Nov 21, 2018

The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause... Read more »

1 Answer | Asked in Products Liability for Illinois on
Q: I bought some soap at a farmer's market and developed a horrible rash

- is this a case of buyer beware or do I have a case?

Tim Akpinar
Tim Akpinar answered on Nov 5, 2018

I don’t practice in Illinois but your question went unanswered for four weeks. It could be a case of a defective product and it could also be a case of an adverse reaction to a normal product. An attorney who examined the product, its constituents, your reaction to it, and supporting medical... Read more »

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... Read 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... Read 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,... Read 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,... Read 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... Read 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... Read more »

William Head
William Head 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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