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Illinois Products Liability Questions & Answers
1 Answer | Asked in Copyright and Products Liability for Illinois on
Q: can i use the brand name "eternal sunshine" or "eternal svnshine" for my jewlery business?

i want to know if the name is already trademarked

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 22, 2021

Depends

You need to consult with an attorney to find out if it is registered or taken

1 Answer | Asked in Bankruptcy, Criminal Law, Products Liability and Workers' Compensation for Illinois on
Q: What should I do to get my money back from the seller who owes me money?

It is a long story, but basically I was selling an item through an app with a protection policy of as long as you buy through the app then you are safe, but recently I got tricked into thinking this guy used the app to purchase some items to me, but he didn't and sent a fake email as... Read more »

Charles Candiano
Charles Candiano answered on Jan 17, 2021

Nothing in your question makes any sense. Perhaps you are not fluent in English. I have used PayPal since 1999. When someone pays you through PayPal, you receive an email confirmation AND the funds are IN YOUR ACCOUNT. In the days before PayPal, when you won an auction on eBay and paid by... Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Illinois on
Q: I was quoted a price from a dealer with a buyers order faxed and dealer claiming they quoted wrong price. Have to honor?

I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

Based upon your description the sales/transaction documents will need to be reviewed. Since the dealership is in Missouri, you should contact an attorney licensed in Missouri whose practice is concentrated in consumer law.

1 Answer | Asked in Consumer Law and Products Liability for Illinois on
Q: Dealer has "fixed" and given back my car multiple times, while the problem still persisted. Now they say it's unsafe.

A few months ago, my car started showing me a warning that the front passenger restraint system has a problem with it, which could cause non-deployment of airbags in the case of a crash. I gave it to the dealer for repair, and they told us they fixed the problem. The warning continued after I got... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 24, 2020

It sounds like the dealer has had the car multiple times for the same problem. If this car is relatively new, you may have a Lemon Law complaint. They probably didn't know that the car wasn't repaired the first couple of times they gave it back to you, so it would be hard to prove they... Read more »

1 Answer | Asked in Products Liability for Illinois on
Q: I proposed a workshop to a university and am doing all the preparation. How can I keep the rights to the course content?

Hello,

I have been collaboration with a prominent US university for over a year, teaching a course that is part of a broader professional certificate program. I only created part of the materials, so I never asked for the rights to keep the course content.

More recently, I contacted... Read more »

Tim Akpinar
Tim Akpinar answered on May 12, 2020

This sounds like something more closely related to copyright law than product liability law. If you reposted your question in the Copyright section, there would be better chances for input from an attorney who would understand the issues before you. Good luck

Tim Akpinar

2 Answers | Asked in Products Liability and Real Estate Law for Illinois on
Q: HOA Building (balcony) maintenance

Hopefully, you're all safe at this time. I have a question regarding who is responsible for paying for the maintenance cost in the buildings? For Example, we own the condo but the balcony ( which is what people use to enter their house) needs to ger repair on the second floor all over the... Read more »

Robert Shipley
Robert Shipley answered on Apr 17, 2020

You should review the Condo Declaration which should define the limited common elements.

The Act provides that the Association shall be responsible to maintain, repair and/or replace the common elements on the property. As the limited common elements are defined under the Act as a portion...
Read more »

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1 Answer | Asked in Contracts and Products Liability for Illinois on
Q: Can I subpoena a former storage facility that sold my things if I have legal or personal documents that were sold.

I was negligent with the payments towards the storage facility and they told me they couldn't give me access to whom they sold my belongings to.

Tim Akpinar
Tim Akpinar answered on Apr 11, 2020

You could check with an Illinois attorney as to what the best way to proceed might be. Based on Illinois law, or the provisions of the storage contract, the facility could have legitimate reasons for not divulging the identity of the person. It's possible they have genuine concerns about being... Read more »

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...
Read more »

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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)...
Read more »

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...
Read more »

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...
Read more »

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 »

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