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Illinois Products Liability Questions & Answers
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

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... View 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.

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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.

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1 Answer | Asked in Products Liability for Illinois on
Q: Can you sue a foreign company for a defective product?
Robert D. Kreisman
PREMIUM
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... View 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... View 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... View 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
PREMIUM
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...
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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
PREMIUM
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... View More

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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;... View 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.... View More

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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... View 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... View 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
PREMIUM
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.

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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
PREMIUM
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... View More

2 Answers | Asked in Products Liability for Illinois on
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?

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

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.

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1 Answer | Asked in Products Liability for Illinois on
Q: Bought hair product infested with bugs. Company threatened to pursue me with legal action if I say anything.

We took a video of the bottle being cut open, and after viewing it our contact at the company said there is no way it became infested outside of production. Now after weeks of investigating, their lawyer sends me and email saying it happened on my watch and that if I say anything they will pursue... View More

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

First, I assume nothing bad happened to you. You should be aware that you cannot recover damages just because something could have happened to you.

Next, assuming you have saved the bottle and contents, you may want to notify the FDA and Cons.Prod.Safety Commission.

As to the...
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