Block, Klukas, Manzella & Shell - December 2018

Danger by Design Do I Have a Product Liability Case?

We buy most of the goods we use every day from the store, and we trust these goods are in safe, working condition. When this trust is betrayed and people are injured due to hazardous products, they may have grounds to file a product liability case. Here are the circumstances that you must meet in order to have such a case. YOU WERE INJURED WHILE USING A PRODUCT Let’s say you had your car up on a jack to change the oil, and the jack malfunctions, causing the car to come crashing down. Fortunately, you were not beneath the car at the time and were not hurt. While the poorly made car jack almost caused you to be crushed beneath your car, without an injury, you cannot file a claim. THE PRODUCT WAS DEFECTIVE There are a few different ways a hazardous product can be defective: • Design defect — the design of a product made the end result dangerous. • Manufacturing defect — an error during manufacturing led to the product being dangerous. • Marketing defect — dangers known to the manufacturer were not properly communicated, and instructions to avoid these dangers were not provided.

THE DEFECT WAS THE CAUSE OF YOUR INJURY If you are injured while using a defective product, you must be able to prove that your injury was caused due to the presence of the defect. For example, if you are driving a car that is known to roll over when turning corners but you were speeding at the time of the accident, there is a chance your injuries were caused by reckless driving — not by the design defect. YOU WERE USING THE PRODUCT AS INTENDED WHEN INJURED In 2014, Moises Ore filed a lawsuit after falling off a ladder and suffering permanent injuries. There was a manufacturing defect in the ladder that caused it to break while he was retrieving tires at his place of employment. Ore was awarded over $4.7 million in damages. Now, had the ladder broken when Ore was using his weight to swing the ladder around and dance to a popular song, the case may have played out differently. You must be using the product in a manner the manufacturer could reasonably expect consumers to use it in order to have a claim after an injury. Product liability cases seem like they should be open and shut, but manufactures will go to great lengths to cast doubt on your case. If you have suffered an injury due to a hazardous product, call 815- 726-9999. The team at Block, Klukas, Manzella & Shell can help you build a case and receive the compensation you are owed.




• 2 pounds fresh chestnuts, unpeeled • 2–3 sprigs rosemary • 1/2 cup unsalted butter, melted • 2 teaspoons kosher salt, or more to taste

• Pinch of freshly ground nutmeg • Freshly ground black pepper, to taste


1. Heat oven to 450 F. 2. Place a large sheet of foil on a rimmed baking sheet. 3. On a large, flat workspace, place chestnuts flat side down. Using a sharp knife, carve an X on the rounded side of each chestnut. 4. In a large bowl of hot water, soak chestnuts for 1 minute. 5. Pat dry and transfer to a medium bowl. Add rosemary, butter, salt, pepper, and nutmeg. Toss to coat and transfer to baking sheet. Arrange in a single layer. Gather the edges of the foil together, leaving an opening at the top.

6. Roast until peels curl up, about 30–45 minutes. 7. Transfer to a platter and serve while hot or warm.

Inspired by Bon Appétit

815-726-9999 3

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