Blog

If you purchase a consumer product and you end up injured because of a defect in the product, who is responsible?

The answer depends on many factors, however all parties in the chain of distribution may potentially be held liable in the Illinois courts.  Depending upon the circumstances surrounding the situation, the consumer, the retailer, distributor and/or the manufacturer may all be found liable. In fact, when it comes to product liability, one can find a case to support almost any position, so it is more important than ever to find an experienced product liability lawyer to represent you.

Consumers can protect themselves from liability by following all safety precautions in the directions and using products for their intended use at all times. When things fail, though, it is important to track down the manufacturer of the product.

According to the Illinois statute (735 ILCS 5/2-621), non-manufacturers in the chain of sales and distribution may be dismissed from a product liability action upon certifying the correct identity of the manufacturer of the product that allegedly caused the personal injury. While this may sound simple to do, it often isn’t. For example, consumers may buy an unpackaged, defective tool out of a bin in the retailer’s store. The retailer may have purchased the tools from a reseller, and the reseller may not even know the name of the manufacturer. Hunting down the information can take some time and legal posturing.

Another point in question is if the merchandise sold was altered in some way by the retailer. Sometimes, the retailer will knowingly, or unknowingly, modify a product and make it unsafe. For example, if a saw is manufactured with a guard on the blade, but most customers find it too cumbersome to use and remove it before use, a retailer may do the same on display or sale of the product out of convenience for the customer. However if the customer is injured for using the saw without the blade, the retailer who removed the blade can be found liable for the injury.

If the saw manufacturer is identified, they may shield themselves from liability by proving that a consumer was negligent or used an item improperly. However, if the manufacturer had knowledge that consumers always removed the guard, they could be held responsible for failing to manufacture the product for customer convenience.  It can also be argued that the manufacturer should have produced an irremovable blade guard.

As you can see, determining personal injury liability is hardly ever clear cut, unlike the clear and present need for a competent attorney to guide you through the process. Gardi, Haught, Fischer & Bhosale LTD Ltd. has 15 years of experience in civil litigation for product liability cases and we would be happy to discuss your case with you.

Client Testimonials

Jimmy Su

We just had great experience with Tom Haught and his paralegal Courtney Kropf. The communication is clear and fast. All emails were replied within 30 minutes. We will definitely work with Tom Haught again.

Sagar Kanabar

Jeannette Gonzales

Was recommended to them from my company. They did an excellent job and always answered all my questions. Were always upfront with all things and made sure I understood everything that was explained to me.

Ardus

We used the law firm during the sale of our house. We dealt with Mr Haught and Courtney, who made the process very smooth. They were professional, yet very friendly to deal with.I would not hesitate to recommend them to my family and friends.

vanissa colaco

Our immigration experience with Ann Fischer has been amazing! She has been meticulous, organized and worked on our case in a timely manner. Ann and her team went above and beyond to address all of our concerns and provide a personalized support which made a significant difference during our stressful time.I highly recommend her services to anyone seeking legal representation for their immigration matters.

Mike and Keeley Aulert

We have used Tom Haught for two home purchases and one sale over the years and continue to be impressed by his professionalism, responsiveness, and thoroughness. Reasonable pricing too. Highly, highly recommended.

Waseem Chaudhry

Gardi, Haught is one of professional firm, I have been with G&H since last 8 years in all legal matters.RegardsWaseem Chaudhry

Khurram Ghani

Tom and his dedicated crew recently helped me close on a commercial property, and I must say they did an exceptional job! Throughout the entire process, they were incredibly responsive, attentive to detail, and a pleasure to work with. Their professionalism and expertise made the transaction smooth and efficient. I am thoroughly impressed with their performance and definitely plan to work with them again in the near future. I highly recommend Tom and his team for anyone in need of real estate services!

Ryan B

I'd like to thank Gardi, Haught, Fischer, & Bhosale LTD and the whole Team! For amazing service. They made my selling experience fast, easy and at my convenience. I'm very thankful for the whole team over there. Their service meant alot to me and will be using them in the future. 10/10 !

Roberta Murphy

We worked with Tom and Courtney mainly on our recent closing. While it did not go as planned (all the other side’s issues) they did a great job keeping us informed and in track. Highly recommend.

Request a Consultation

First Name*(Required)

Last Name(Required)

Email Address*(Required)

Phone Number *(Required)

How can we help you *(Required)

How did you hear about us? *(Required)

14560