DGAA bLAWg

Strict Product Liability Claims

Web Admin - Monday, September 21, 2015

When an individual is injured by a product, recovery of damages may be possible through a products liability claim. Under this type of claim, manufacturers, sellers, or other suppliers of products are held liable to consumers who are harmed by those products. And in some cases, product liability claims may fall under the theory of strict liability.

Defective Products

In order to recover under a products liability claim, the plaintiff must show that the product was dangerous or defective. Generally, the law requires that products meet the ordinary expectations of consumers. When a product defect exists, those expectations are not met. A defective product is one that, at the time of its sale or distribution, contains a manufacturing defect, is defective in its design, or that has a marketing defect.

A manufacturing defect occurs when a product is not made according to its intended design. A design defect occurs when the foreseeable risks of harm posed by the product could have been reduced or eliminated by the adoption of a reasonable alternative design. A product contains a marketing defect when it has inadequate instructions or warnings and the foreseeable risk of harm could be reduced by the inclusion of reasonable instructions or warnings. Additionally, the omission of such instructions or warnings must cause the product to be unreasonably dangerous.

Strict Liability

Pursuant to Illinois law, product liability claims are any action based on strict liability brought against the seller, manufacturer, or distributor of a product that causes personal injury. Under this type of claim, a defendant pays for harm caused by a product even though the defendant did not act intentionally or negligently. In other words, the defendant’s actions or behavior is not relevant to the determination of liability. Rather, for a strict liability claim, the plaintiff must show the following:

  1. 1. The injury resulted from a condition or defect of the product manufactured or sold by the defendant;
  2. 2. The condition or defect of the product was unreasonably dangerous; and
  3. 3. The condition or defect existed at the time that the product left the control of the manufacturer.

Product liability claims are commonly brought against the manufacturer of a product, but they may also be brought against:

  • - Manufacturers of component parts that go into a product;
  • - Parties that assemble or install a product;
  • - Wholesalers;
  • - Retail stores that sell a defective product to a consumer; or
  • - Under Illinois law, anyone involved in the placement of a product into the stream of commerce.

Under the statute of limitations, product liability claims must be brought within two years of the date on which the plaintiff knew, or should have known through the use of reasonable diligence, of the personal injury.

Product liability claims can provide compensation for victims, while also holding those involved in the production and sale of defective products accountable. For more information about product liability claims, contact a dedicated Illinois personal injury attorney today. Our firm provides representation throughout the northwest suburbs, in the communities of Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Source:

http://www.ilga.gov/legislation/ilcs/documents/073500050K13-213.htm

Holiday Toy Safety: What Parents Should Know

Web Admin - Wednesday, December 04, 2013

With the holiday season getting into full swing, many parents will soon comb the aisles of toy stores looking for the perfect children’s toys. However, parents should keep in mind that not all toys are safe for all children, and some purchases can result in serious harm to their child. Fortunately, the government and public interest groups make many toy safety resources available, so that parents can get some peace of mind by educating themselves about the dangers of unsafe toys.

Potential Toy Dangers

Children’s toys can present a wide variety of dangers, some obvious, others less so. For instance, sharp edges or points and choking hazards, such as small parts or strings, are common concerns for parents. The government even banned the use of small parts in toys for children under three years old. But, despite this attempt towards prevention, many toys with small parts still make it onto store shelves every year. Doctors recommend that parents take care around any toy with parts that can fit through a toilet paper roll. Additionally, parents should take extra care around small magnets, which often present choking hazards, but may not be regulated as strictly if they come in unusual shapes.

Unfortunately, parents cannot detect all toy dangers so easily. Some toys may contain unacceptably high levels of toxic chemicals that can harm children. Lead is a common hazardous chemical that still finds its way into children’s toys. Though the government attempts to limit the amount of lead in any toy to 100 parts per million (ppm), a report by the Public Interest Research Group (PIRG) found one toy containing 29 times that amount of lead. Other toys could present noise hazards, which the government does not regulate as heavily. These toys, which produce sounds in excess of 85 decibels, can harm children’s ears and lead to hearing loss in some cases.

Safety Resources

Fortunately, many groups publish toy safety guides or lists of harmful toys, like the PIRG report above, that concerned parents can use to learn more about the dangers. The United States Consumer Product Safety Commission (CPSC), puts out many of these guides, including some focusing on specific types of hazard or specific age groups. Additionally, the Illinois Attorney General’s office also publishes a safe shopping guide.

Legal Assistance

If your child sustained an injury playing with an unsafe toy, contact an experienced Arlington Heights personal injury attorney today. Our knowledge can you receive compensation for the injury of your child. We serve many northwest suburban areas including Crystal Lake, Palatine, Chicago, Inverness, and other nearby communities.


Recent Posts


Tags

Des Plaines injury law firm employee rights caregiver suspended license jet ski Rolling Meadows insurance attorney Rolling Meadows boating crash lawyer icy parking lots Crystal Lake criminal defense attorney Schaumburg employment attorney Barrington personal injury lawyer pizza emoji fault based insurance Barrington personal injury attorney speeding foreclosure business litigation Schaumburg personal injury attorney Barrington criminal lawyer Illinois home inspection Barrington boating accident attorney traumatic brain injuries digital media accounts, estate planning, Arlington Heights estate planning attorney, Rolling Meadows medical malpractice lawyers Arlington Heights car crash attorneys Crystal Lake employment law attorney Long Grove real estate attorney Illinois boating accident lawyer Rolling Meadows corporate law DMV Crystal Lake employment lawyer Des Plaines drug crimes lawyer license suspension FSLA Crystal Lake law firm Buffalo Grove insurance claim dispute lawyers Schaumburg wrongful death attorney Crystal Lake personal injury attorney Barrington injury attorney pedestrian accident probate claims Crystal Lake will lawyer Inverness DUI lawyer real estate breach of contract Crystal Lake traffic attorney cell phone accidents Chicago will attorney workplace sexual harassment Palatine employment lawyer Home Remodeling Repair Act Barrington criminal defense lawyer employees Schaumburg medical malpractice lawyer employment contract Inverness corporate attorney Inverness civil lawyer income distribution deducation Des Plaines collections attorney comparative negligence crossover accidents traffic deaths TBI insurance claim delay boating DUI Des Plaines drug lawyer Landlord Tenant Ordinance Federal Food Drug and Cosmetic Act Illinois estate planning insurance claims commercial leasing School Visitation Rights Act Illinois tax attorney Palatine construction attorney elder law Illinois medical malpractice lawyers life insurance lawyer texting while driving product liability fiduciary rule delay field sobriety test Crystal Lake civil litigation lawyer Illinois speeding lawyer medical malpractice claims unpaid overtime elder abuse trauma after an accident Illinois collections attorney overtime pay Forcible Entry Illinois insurance claim dispute lawyers Arlington Heights personal injury lawyer insurance claim dispute attorney drug crimes Barrington drug crime attorney Self-Directed IRA Accounts Illinois law insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Class A misdemeanor drugs spinal cord injuries blood alcohol content slip and fall Rolling Meadows accident lawyer Crystal Lake medical malpractice lawyer distracted driving accident victims Buffalo Grove medical malpractice lawyers Schaumburg traffic lawyer probate lawyer foreclosed rental property Illinois employment law attorneys Arlington Heights wills and trusts attorney Des Plaines products liability loopholes BUI Palatine Attorney workers compensation Buffalo Grove traffic attorney Illinois Wage Payment and Collection Act gift taxes car crashes Illinois DUI attorney Illinois trucking safety Des Plaines personal injury lawyer medication errors Schaumburg Attorney civil litigation Rolling Meadows employment law attorneys Illinois Transfer on Death Instrument drunk driving caretaker rights digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Deer Park traffic accident attorney wrongful death car accident lawyer living wills insurance claim dispute Arlington Heights wills and trusts lawyer Schaumburg construction accident lawyer traffic accidents Arlington Heights medical malpractice lawyer first degree murder Rolling Meadows criminal lawyer Barrington Illinois estate planning lawyer real estate attorneys home inspection lawyer Barrington employment attorney car accident automated cars Crystal Lake employment attorney wills bicycle accidents Barrington Traffic Lawyer POA hiring employees murder defense golf accidents holiday statistics health insurance dispute compensatory time Illinois pet lawyer boating under the influence motorcycle accident civil litigation attorney texting and driving jet ski accidents problem employees Illinois traffic attorney Kenilworth estate planning lawyer Buffalo Grove real estate attorney subcontractor real estate contract traffic laws Policy Cancellation Crystal Lake accident attorney living trust vs will traffic crimes Illinois employee rights attorney. Schaumburg drug defense lawyer cell phone drug possession real estate closing in terrorem provision criminal condo association meal breaks llinois Real Estate Lawyers Association college kids Illinois personal injury overtime violations dog bites Employment Discrimination Law workers compensation benefits Inverness real estate lawyer anesthesia errors Legal Info IRS Barrington real estate lawyer Crystal Lake personal injury lawyer drug crimes lawyer Riverwoods estate planning lawyer Illinois workers compensation lawyer Schaumburg real estate lawyer distracted driving accidents Inverness personal injury attorney Arlington Heights wills and trusts lawyers Deer Park motorcycle accident lawyer Illinois insurance dispute lawyers Palatine insurance lawyer CAM living trust benefits underinsured motorist ObamaCare no contest clauses Deer Park accident attorney Buffalo Grove employment lawyer employment law life insurance policy insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Crystal Lake car accident lawyer Crystal Lake tax lawyer license reinstatement Illinois personal injury attorney Transfer on Death Instrument medical marijuana Palatine punch death wrongful termination Crystal lake insurance dispute attorney Buffalo Grove personal injury lawyer condo Illinois medical malpractice attorney deadly crashes Deer Park DUI lawyer sexual harassment Crystal Lake injury attorney Illinois employment law firm probate claims process Barrington estate planning lawyer drunk driving statistics Illinois real estate lawyer Palatine civil litigation lawyer liability claims owner responsibility probate Illinois estate planning attorney surgical mistakes IRA trust transfer Long Grove estate planning attorney employee discrimination fatal car accidents estate plan pet bites Barrington workers compensation attorney Arlington Heights Traffic Lawyer insurance claim denials denied insurance claim estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers minimum wage Illinois driving without license Illinois small business trench injuries Arlington Heights lawyer Whistleblower Claims guardianship attorney DUI attorney Arlington Heights personal injury attorney unpaid assessment Rolling Meadows marijuana attorney Inverness elder law lawyer employment attorney auto accidents digital information Barrington attorney tax attorney Illinois Workers’ Compensation Commission Colin H. Gilbert Chicago insurance law firm Schaumburg employment law attorneys Schaumburg civil litigation attorney car crash advance healthcare directive Rolling Meadows car accident lawyers Schaumburg insurance lawyers institutional trustee Mount Prospect elder law attorney swimming pools car crash injuries Schaumburg injury lawyer Palatine real estate lawyer insurance adjusters Deer Park personal injury lawyer license Des Plaines personal injury attorney Chicago biking tips underfunded trust wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois traffic laws IRELA insurance denial appeals Illinois workplace lawyer insurance claim rumble strips Palatine probate lawyer Schaumburg elder law lawyer Illinois estate planning law firm estate planning for college students Schaumburg personal injury lawyers Des Plaines medical malpractice attorney personal injury claim mass shooting loss of consortium Palatine trusts lawyer living trust power of attorney Palatine traffic lawyer creditors employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, dynasty trusts Joliet general practice lawyers Rolling Meadows DUI lawyer employment law, Illinois employment laws Kenilworth estate planning attorneys civil rights violation personal injury lawyer Arlington Heights wills and trusts attorneys Rolling Meadows personal injury lawyers DNR Deer Park workers compensation lawyer Fair Labor Standards Act cell phone tower data Buffalo Grove traffic lawyers DUI Illinois insurance disputes Illinois criminal defense attorney Barrington civil litigation attorney Chicago trucking accident attorney child safety real estate zoning personal injury law firm Illinois employment law attorney Illinois LLC creation personal injury accidents license revocation unauthorized overtime Illinois bicycle safety Chicago traffic lawyer BAIID vacation home fines back injuries filing a medical malpractice claim brain injury Illinois injury lawyer Palatine business attorney rollover car crashes Deer Park medical malpractice attorney pet law Illinois employment laws Illinois trusts attorney Illinois business law atorneys drug crime trusts defective products lawyer Do Not Resuscitate ACA South Barrington real estate lawyer Palatine elder law attorney Food and Drug Administration's Food Safety Modernization Act sexual images Kenilworth estate planning attorney insurance denials Illinois elder law attorney probate fees paid sick leave Crystal Lake estate planning lawyer Barrington employment law firm Mount Prospect real estate lawyer clemency DGAA Illinois insurance claim dispute lawyer Rolling Meadows drug defense attorney pedestrian accidents Schaumburg estate planning lawyer Rolling Meadows corporate lawyer contracts Arlington Heights real estate lawyer Inverness insurance attorney Chicago attorney Rolling Meadows Attorney Schaumburg personal injury lawyer Inverness accident lawyer Long Grove estate planning attorneys Home Sale Contingencies head on collisions insurance negligence insurance attorney Illinois workplace discrimination attorney Illinois will lawyer commercial real estate Rolling Meadows estate planning attorney Barrington medical malpractice lawyers Arlington Heights employment attorney bike accident Rolling Meadows probate lawyer investment property Illinois personal injury lawyer trucking accident lawyers estate attorney Deer Park criminal attorney rollover accidents Deer Park real estate law firm criminal law right to work Illinois privacy Illinois Probate Act of 1975 estate planning Schaumburg estate attorney Schaumburg criminal law attorney reckless homicide Rolling Meadows insurance lawyer Exclusions Chicago corporate attorney Inverness real estate attorney Rolling Meadows personal injury lawyer Illinois motorcycle accident lawyer Buffalo Grove car accident lawyer personal injury attorney food poisoning Schaumburg criminal attorney medical research Illinois real estate Rolling Meadows personal injury attorney DUI penalities life insurance claims Rolling Meadows insurance dispute lawyers Illinois jet ski accident lawyer controlled substance bad faith insurance claims real estate lawyer uninsured motorist job lawyers Arlington Heights traffic attorney Des Plaines insurance attorney trustee Illinois personal injury lawyers Illinois medical malpractice case expungement Illinois construction accident attorney Rolling Meadows business lawyer Illinois Sales Representative Act Chicago insurance claim attorneys construction accidents digital assets Crystal Lake bike accident lawyer Long Grove wills and trusts attorneys Illinois car accident attorney construction contracts Rolling Meadows real estate attorney Crystal Lake traffic lawyer Crystal Lake car accident attorney financial advisors Arlington Heights car accident lawyer digital evidence gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Rolling Meadows Traffic Lawyer power of attorney for healthcare Thanksgiving slip and fall accidents Buffalo Grove probate lawyer Rolling Meadows criminal attorney liens personal injury South Barrington real estate attorney changes to mortgage law wills and trusts Illinois wills and trusts ken apicella Illinois insurance claim attorney forming a corporation in Illinois Palatine civil attorney Arlington Heights TBI attorney deed transfer senior citizens estate planning attorney insurance dispute attorney healthcare Arlington Heights accident attorney trust payments criminal defense insurance dispute Inverness estate planning lawyer Arlington Heights tax lawyer car collision homestead rights Illinois medical malpractice claim Des Plaines real estate lawyer landlord tenant law rent to own real estate contracts Des Plaines personal injury lawyers Palatine workers compensation lawyer Illinois probate lawyer Palatine employment attorney Retaliatory Discharge capital gains tax hands free device Affordable Care Act Des Plaines civil attorney low-ball insurance settlement Crystal Lake insurance lawyer revenge porn Chicago will attorney, social media platforms, Illinois estate planning lawyer, traumatic brain injury preventing accidents Barrington business law firm Illinois workers compensation attorney Deer Park employment law attorney traffic tickets marijuana pain and suffering motorcycle accident lawyer taxes Crystal Lake medical malpractice attorneys accidental death benefits consent to a search Rolling Meadows litigation lawyer Des Plaines tax law firm Des Plaines accident attorney privacy laws Illinois business lawyer Illinois Human Rights Act manufacturing Super Mario attorney fees Arlington Heights estate planning attorney estate tax Schaumburg involuntary manslaughter nursing home negligence pedestrian-automobile accident disability benefits Buffalo Grove personal injury attorney probate process Illinois living will denied insurance claims Mt Prospect Attorney Buffalo Grove corporate attorney appealing an insurance claim Des Plaines claims law firm natural gas modern family estate planning Arlington Heights insurance attorney Des Plaines real estate attorney IRA benefits Des Plaines criminal attorney Crystal Lake medical malpractice law firm Chicago car accident lawyer comp time underage DUI Illinois civil litigation lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Attorney Ken Apicella GM ignition switches boating accidents PTSD murder charges Illinois employment lawyer Schaumburg probate attorney Chicago employment lawyer FMLA vacation home medical malpractice compensation Chicago lawyer Arlington Heights criminal lawyer car accident lawyers Rolling Meadows employment law attorney special needs trust workers comp Rolling Meadows tax attorney internet Liquor Control Act Barrington employment law attorney Buffalo Grove law firm insurance disputes defective products startup company Arlington Heights employment law attorneys Illinois registered agent severance agreements Buffalo Grove criminal defense lawyer Mount Prospect wills and trusts lawyers estate planning lawyer Palatine law firm Arlington Heights pedestrian accidents wage theft bicycle dooring accidents Rolling Meadows traffic attorney murder Illinois insurance attorney traffic violations personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Inverness injury lawyer Illinois red light cameras dram shop law Schaumburg car accident attorney pregnant women Chicago employment attorney Des Plaines pet law attorney Colin Gilbert small business Illinois rollover accident lawyers Fourth of July Illinois job attorney dealing with problem employees sole proprietorship Arlington Heights injury attorney Palatine personal injury lawyer Barrington estate planning attorney Inverness probate lawyer Illinois pedestrian accident attorney driving premises liability preventable medical errors Des Plaines DUI attorney criminal record traffic offenses Rolling Meadows insurance dispute lawyers, insurance dispute traffic violations defense Palatine injury attorney irrevocable trust natural gas explosion hit and run accident pedestrian injuries, pedestrian fatality whistleblower protections Crystal Lake business law attorneys LLCs independent contractor Illinois wills and trusts attorneys Palatine corporate attorney Chicago estate planning construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Detainer Actions Illinois mortgages work unions Palatine drug lawyer Illinois attorney federal crimes real estate attorney healthcare claims Illinois traffic attorneys insurance claim denial insurance agents medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Arlington Heights trucking lawyer trucking accidents Illinois insurance claims lawyers life insurance car accidents rest breaks Inverness traffic law firm spinal cord injury truck collisions employment lawyer agent operating agreements Illinois lawyer Arlington Heights Attorney employee misclassification Palatine employment law lawyer pay when paid contract Schaumburg corporate attorney Schaumburg estate planning attorney Chicago estate planning lawyer Illinois employment attorneys Long Grove real estate lawyer residential real estate Illinois defective products attorney Rolling Meadows employment attorney Illinois insurance lawyer Rolling Meadows traffic law firm Illinois corporate lawyer Long Grove estate planning Illinois employment law Illinois wrongful termination lawyer eluding a police officer blended families Jay Andrew landlord breathalyzer test insurance agent negligence Deer Park traffic lawyer Des Plaines Traffic Lawyer DUI defense commercial leases estate planning trusts Crystal Lake pet attorney personal injury claims real estate leasing Illinois traffic ticket lawyer Barrington litigation attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine traffic accidents federal regulations for LLCs fiduciary rule Palatine estate planning lawyer BAC marijuana crimes attorney Illinois Smoke Detector Act denial of life insurance mortgage Palatine criminal defense lawyer unfunded trust new real estate form Buffalo Grove injury lawyer social media after death Family Medical Leave Act installment contracts liability Illinois traffic accident lawyer medical malpractice Des Plaines motorcycle accident attorney Crystal Lake pedestrian accident lawyer Palatine corporate law attorneys

Archive