Thursday, January 5, 2012

Ultrahazardous Activities and the Law

Ultrahazardous activities present interesting liability issues.  (The Second Restatement of Torts uses the phrase"abnormally dangerous" instead of the more traditionally used "ultrahazardous.")  Torts caused by ultrahazardous activities may be brought under a theory of strict liability.

Tort claims brought under a theory of strict liablity are commonly defended under theories that show the plaintiff assumed some risk of the ultrahazardous activity.  However, contributory negligence is not an applicable defense or mitigating factor to a case brought under a theory of ultrahazardous strict liability.

Types of ultrahazardous activities include: use of explosives, demolitions, use of radioactive materials, keeping of wild animals, use of hazardous chemicals, keeping domesticated animals who are known to be dangerous.

If you or a family member have questions concerning an injury or loss related to an ultrahazardous activity, contact an attorney at Law Offices of Adam J. Zayed, P.C. at 312.726.1616.

Wednesday, January 4, 2012

Bringing the Product Liability Case: Strict Liability

Illinois case law has approved the elements in the Second Restatement of Torts as those appropriate for bringing strict liability claims in Illinois.
According to Section 402A of the Second Restatement:
(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby casued to the ultimate user or consumer, or to his property, if
  • the seller is engaged in the business of selling such a product, and
  • it is expected to and does reach the user or consumer without substantial change in which it is sold.
A product is defective when, at the time of sal or distribution it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.
In the event that you or a family member have suffered a loss because of a defective product, you should be assured that an attorney at Law Offices of Adam J. Zayed, P.C. will be able to advise you on the matter.  Call us now at 312.726.1616.

Tuesday, January 3, 2012

Post-Verdict Jury Interviews

After a trial a juror may speak with an attorney, investigator, or other persons about the case.  It is wise to ask for court permission and for for a judge instruction so that jurors do not hesitate to speak about the case.  Post-trial juror interviews are perhaps most useful in personal injury cases as a tool to improve advocacy skills. Perhaps the most appropriate way to make contact with jurors is to obtain contact information and to make contact at a later time.