There are a number of theories of recovery for individuals injured by defective products, and many lawsuits reference more than just one theory of recovery. In Illinois, claims arising from defective products often allege, among other potential avenues, a violation of an express warranty, a violation of an implied warranty, negligence, and strict liability.
Strict liability claims in Illinois do not require that the plaintiff prove that a defendant acted negligently. They focus on the condition of the product instead. Generally, under a strict liability theory under Illinois law, a plaintiff is required to establish that (1) the product contained a defective condition; (2) the condition made the product unreasonably dangerous; (3) the condition existed when the product left the control of the defendant; (4) the plaintiff suffered an injury; and (5) the injury was proximately caused by the product’s condition.
The decision of which claim or claims to bring depends on the facts of each case. These considerations may include the warnings the sellers provided, the relationship between the injured party and the manufacturer or retailer, the location of the defendants, and the statute of limitations. There is also a question of which companies to sue. It may make sense to sue the manufacturer directly or to sue a retailer. There are a number of factors to consider. For example, many products are made in China by a number of different manufacturers. Suing manufacturers in other countries can be complicated, and understanding whom to sue and how to do so is essential to a successful case.
Hoverboard Catches Fire in Illinois Home
Sometimes when a fire starts, it is unclear how it began. However, in a recent fire, the cause of the fire was caught on tape by a home security video. According to a news source, a hoverboard recently caught fire in a suburban Chicago home, starting a fire in the house. A security camera inside the home recorded the hoverboard catching fire soon after a child left the house. No one was inside when the fire began, and luckily no one was harmed.
The homeowner stated that the video shows his daughter leaving her home, and then it shows a fire igniting on the hoverboard. Authorities think that the fire was caused by the hoverboard’s batteries. The U.S. Consumer Product Safety Commission is investigating fires related to hoverboards in numerous states. Airlines have also banned the products on planes due to the fire hazard. Lawsuits have popped up in some states. Some individuals have sued the store where the hoverboards were purchased in addition to the manufacturer that made the products.
Have You Been Injured by a Defective Product?
If you or a family member has been injured by a defective hoverboard or another dangerous product, there are a number of important issues to consider. You should immediately have an experienced attorney look at your case. The Illinois injury attorneys at Moll Law Group can help you seek the compensation you deserve. Our attorneys understand the complexities of products liability cases and are here to fight for you. Billions of dollars have been recovered in cases in which we were involved. Call us at 312-462-1700 or contact us through our online form to arrange a free initial consultation.
See More Posts:
Recent Case Discusses How Settlement Terms Can Bar All Future Claims, Illinois Injury Lawyer Blog, March 1, 2016.
Safer Technologies in Cars, But Not For Everyone, Illinois Injury Lawyer Blog, February 2, 2016.
Court Considers Causation Issues in Defective Gun Case, Illinois Injury Lawyer Blog, March 8, 2016.