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
of not only commercial property, but also 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 Du
Page counties and the entire state of Illinois.