Lawyers, Answer Questions  & Get Points Log In
Illinois Products Liability Questions & Answers
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... Read more »

William Head
William Head 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... Read 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... Read 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... Read 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 Illinois... Read more »

1 Answer | Asked in Products Liability and Consumer Law for Illinois on
Q: I found what appears to be bones is a prepackaged joseole chimichanga food product do I have a case
Steve McCann
Steve McCann answered on Jun 5, 2017

Not unless you suffered substantial damages as a result of the bones being inside of the package, for example if you ate and choked on the bones. Without damages, you do not have a case worth pursuing.

1 Answer | Asked in Products Liability for Illinois on
Q: If I am injured by a really old product, is it still possible to make a product liability claim?
Peter N. Munsing
Peter N. Munsing answered on May 29, 2017

Very often, but it would have to be a significant injury.Contact a member of the Illinois Trial Lawyers Assn--they give free contacts.

2 Answers | Asked in Products Liability and Car Accidents for Illinois on
Q: Car accident. Not my fault at all. I have receipts showing the work I've had done to my car, can I be reimbursed for it?

I was driving through an intersection with a green light and this idiot ran through his red light and T boned me. Lucky for me the intersection had cameras and so obviously all the tickets were written out to him, but the thing is I've put in thousands of dollars in to my car after I bought it and... Read more »

Ray Choudhry
Ray Choudhry answered on May 8, 2017

If the other person was at fault, you have a right to him.

If he had insurance, you can settle with his insurance company.

It's best to hire a lawyer because you may be entitled to recovery for personal injuries besides property damage.

View More Answers

3 Answers | Asked in Products Liability and Car Accidents for Illinois on
Q: If I get in a no fault car accident and I have receipts showing the work I've had done to it can I be reimbursed for it?
Ray Choudhry
Ray Choudhry answered on May 8, 2017

If it's a no fault accident, who is going to reimburse who.

If you have collision coverage and you are over the deductible, you may have a claim with your insurance company.

View More Answers

1 Answer | Asked in Products Liability for Illinois on
Q: Can you sue a foreign company for a defective product?
Robert D. Kreisman
Robert D. Kreisman answered on May 5, 2017

The short answer is yes you can. If an Illinois resident were to sue a foreign based company, there may be a need to check out whether the country of the foreign company is a signatory of an international treaty with the US. In just about every case that I have been involved with where a foreign... Read more »

1 Answer | Asked in Products Liability and Consumer Law for Illinois on
Q: I need a negligence lawyer in Lasalle county IL, Purchased a trailer and VIN doesnt match title.

The title doesnt match the trailer and in Fl when you purchase something from out of state it needs a VIN check. We have been arguing with the seller since 3/17/17. My husband makes 900-1000 a day and is unable to work this trailer. Looking for loss wages and to expedite the fix of the title which... Read more »

Steve McCann
Steve McCann answered on Apr 5, 2017

You need an attorney that deals with consumer protection. Is the seller located in Illinois? In any event, I would recommend organizing all information relevant to this situation, including the sales contract and any written communications you have had with the seller, and consult with a consumer... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Products Liability for Illinois on
Q: i need contract so i can be safe to get product as agreed after i pay freelancer in Venezuela,(im not from Venezuela)

what best method to be protected? and from which country to get lawyer?

Steve McCann
Steve McCann answered on Mar 7, 2017

If you are conducting business in the US, I highly suggest you obtain a lawyer from the US. Many of us offer free consultations, so it will not cost you anything to obtain a professional's opinion that is tailored to the specific facts of your case.

2 Answers | Asked in Products Liability for Illinois on
Q: Is there a rule that product instructions have to be understandable for a layperson?

I read the safety warnings before I was injured but I just looked at them again and I don't think they are very clear.

Robert D. Kreisman
Robert D. Kreisman answered on Mar 4, 2017

The traditional products liability law is that a manufacturer

or the supplier of goods or seller has a duty to warn of any

danger from the intended or unintended but reasonably

foreseeable use of its products. This duty extends to those using or

purchasing the...
Read more »

View More Answers

2 Answers | Asked in Products Liability for Illinois on
Q: If a company's product is defective across the board and affects many people, am I required to join a class action

lawsuit or can I sue separately?

Robert D. Kreisman
Robert D. Kreisman answered on Feb 4, 2017

You can sue the product manufacturer, distributor and component part maker independent of any class action if you sustained an injury. Many times cases that are pending with numerous party plaintiffs, if federal jurisdiction, the cases may be consolidated for discovery purposes only in a... Read more »

View More Answers

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Arbitration / Mediation Law for Illinois on
Q: If a company does not deny their wrongdoing during settlement negotiations, is that admission of guilt?

2014 (1)The company forced me into an upgrade two-year contract under duress because it changed its network service; (2)Sprint sold me a defective phone without proper warning of its defects and refused to fix, return, or exchange the device, even though the company knew of its defects at the time;... Read more »

Steve McCann
Steve McCann answered on Jan 12, 2017

There are many issues present in the facts provided, and you should absolutely consult with an attorney individually so you can obtain a comprehensive assessment of your case. It is apparent that the company is not taking you seriously, and likely will not until you obtain legal representation.... Read more »

View More Answers

1 Answer | Asked in Products Liability for Illinois on
Q: I bought a can of pineapple juice realized it taste weird after drinking after opening all the way can was rusted

Upon opening he can all the way it was rusted completely . Do I have case

Steve McCann
Steve McCann answered on Jan 8, 2017

Based on the information provided, your damages are so minimal that it would not justify the costs and time to file a lawsuit. I would recommend taking it back to the store and requesting a refund.

1 Answer | Asked in Products Liability for Illinois on
Q: If I was hurt by a defective product and know that others were too, should I join a class action lawsuit or is it better

to sue individually?

Steve McCann
Steve McCann answered on Jan 7, 2017

The answer to your question is highly technical, and is dependent on very specific facts that are not provided here. There are very specific requirements for a class action, and your recovery may be much less if you opt into a class. In any event, if you were injured by a defective product, I... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Libel & Slander for Illinois on
Q: Can a car get reposed if you have the title and a bill of sale?

The car was bought over 2 years ago. The dealer mistakenly gave my husband the title and a bill of sale. The DMV filed all the documents and issued my husband a clean title.

Peter N. Munsing
Peter N. Munsing answered on Dec 30, 2016

If the title shows no possessory interest, then they may not be able to repossess. I suggest you contact a consumer attorney who s a member of www.naca.net--they give free consultations. If you /your husband is getting notice of an intent to reposess he needs to draw the clean title and receipt to... Read more »

2 Answers | Asked in Products Liability for Illinois on
Q: Do express warranty statements have to be in writing for you to be able to prove in court that there was a

breach of them?

Robert D. Kreisman
Robert D. Kreisman answered on Dec 10, 2016

Yes. I can only assume that the product your speaking about was warranted by someone orally. That statement of warranty of this product would be difficult to prove up.

View More Answers

1 Answer | Asked in Products Liability for Illinois on
Q: If a recall is planned to be issued, is it the manufacturer's responsibility to let owners of the product know,

or the business' where they bought it?

Robert D. Kreisman
Robert D. Kreisman answered on Nov 17, 2016

The product manufacturer who has published the recall should notify owners of the product with such notice. If the product is a car for example, that notice may be an actual mailed notice of the recall. If the recall is any variety of products out in circulation, it depends. For example, a home... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.