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Product Liability and Premises Liability
Product Liability
Defective or dangerous products are the cause of thousands of injuries
every year. Product liability refers to a manufacturer or seller being
held liable for placing a defective product into the hands of a consumer.
Responsibility for a product defect that causes injury potentially lies
with the manufacturer, a manufacturer of component parts, the wholesaler,
and the retail store that sold to the consumer.
In general terms, defective products claims fall into three categories.
Design defects occur when it can be shown that the intentional design
of the product makes it unreasonably dangerous. A table designed with
two legs, for example, might be considered to contain a defective design
because it tips over too easily. Manufacturing defects exist when it
can be demonstrated that the product does not conform to the designer's
or manufacturer's own specifications. These cases can often be the easiest
to prove, using the manufacturer's own design or marketing standards
to show that the product was defective. Marketing defects include improper
labeling of products, insufficient instructions, or the failure to warn
consumers of a product's hidden dangers. A negligent or intentional
misrepresentation regarding a product may also give rise to a product
liability claim.
Product liability actions are often quite complex, and require the assistance
and testimony of experts. At Briones, Harvey & Trevino, Homewood,
Illinois, our record of results has earned us the reputation as leading
south suburban Chicago product liability lawyers. We have settled and
tried many cases resulting in significant damages for our clients injured
by defective products, including recently settling a case against a
drill press manufacturer and drill press reconditioner. Our client was
a 21 year-old woman whose hair became entangled in the drill, resulting
in a severe descalping injury. We sued the defendants, alleging lack
of proper guarding and failure to warn. The case settled during trial
for $1,280,000.00.
Premises Liability
The term "premises liability" refers to a situation where
an individual is injured on property owned or maintained by someone
else. The property owner or party responsible for maintaining the property
may be held legally responsible for that person's injuries if the injuries
were the result of a dangerous condition that existed on the property.
Property owners and businesses have a duty to provide a safe environment
for people on their property; if they fail to do so or fail to adequately
post warnings and someone is injured as a result, they may be held liable
for the injured person's medical expenses, pain and suffering, and lost
wages. A premises liability case might arise against owners not only
of commercial property, but private residences, vacant lots and many
other types of properties.
Probably the most common type of premises liability situation is where
someone trips or slips and falls due to some defect or hazard on another
person's property. A classic example of this is where a shopper in a
grocery store slips on a slippery or wet substance on the floor. If
the grocery store knew or should have known about the substance and
failed to clean it up or warn shoppers about it the store might be liable
for its negligence.
At Briones, Harvey & Trevino, we successfully represent clients
in premises liability cases of all size and type. In April 2004 we settled
a slip and fall case for $600,000.00. Our
client was shopping at a grocery store when she slipped on broken jars
of baby food injuring her lower back requiring surgery. If you have
been hurt in a slip and fall accident or injured by a dangerous or defective
product, contact us immediately for experienced legal representation
that you can trust to get you all the compensation that you deserve.
We serve the communities of Country Club Hills, Hazel Crest, Chicago
Heights, Matteson, Markham, South Holland, Harvey as well as Cook, Will,
Kankakee, Lake and DuPage counties and the entire state of Illinois.
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