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.

1 comment:

  1. This is the reason why "Do not accept if the seal is broken" is being pasted on every product/drug. It's good to know that this kind of law exists.

    Personal Injury Lawyers