Every year the FDA comes out with a new list of recalled items. These dangerous products range from baby toys to baby food. They range from everyday vegetable garden seeds to tools we use around the house. Unfortunately, it happens more than one might expect. Most of the time we do not even realize we have one of these products until something happens. When an injury occurs because of a dangerous product it is on the consumer to provide proof. When the product is no longer around because it was either digested or destroyed these cases can get messy but with my experience we can find a way!
Question: I was injured by a product, how can a company be held responsible for putting out this dangerous product?
Salerno v. Innovative Surveillance Technology, Inc., 402 Ill.App.3d 490, 497-98, 342 Ill.Dec. 210, 932 N.E.2d 101 (2010)
Honestly, it depends on a number of factors. In Illinois, a strict products liability claim may proceed under three different theories of liability: a manufacturing defect, a design defect, or a failure to warn. Mikolajczyk, 231 Ill.2d at 548, 327 Ill.Dec. 1, 901 N.E.2d 329. A manufacturing defect occurs when one unit in a product line is defective, whereas a design defect occurs when the specific unit conforms to the intended design but the intended design itself renders the product unreasonably dangerous. Blue, 215 Ill.2d at 89–90, 293 Ill.Dec. 630, 828 N.E.2d 1128. A failure to warn of a product’s *498 known danger or instruct on the proper use of the product may also result in strict liability. ***218 **109 Sollami v. Eaton, 201 Ill.2d 1, 7, 265 Ill.Dec. 177, 772 N.E.2d 215 (2002); see also Mikolajczyk, 231 Ill.2d at 530, 327 Ill.Dec. 1, 901 N.E.2d 329. Each theory is a different route requiring that different elements be present.
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