Question: Can a person be successful in a product liability case if he or she did not use a product properly or in accord with the directions on the product? Rich: They certainly may be, yes.  And obviously the extent to which a person did not properly use a product may become an issue and may give rise to contributory negligence or assumption of the risk.  But what we often see is that a product might not have adequate instructions … Read more…

Question: Do I need to have the product to file a product liability case? Rich: For all practical purposes, yes.  And I certainly caution consumers to keep and preserve any product that they believe have caused them injury as a result of any defective design.  That’s unquestionably the most important aspect of any product liability case.  The product is going to be evaluated by us and our experts to determine why the product was defective and how it gave rise … Read more…

Question: With respect to motor vehicles, what type of incidents might give rise to a product liability case? Rich: We certainly see these cases arising out of what are often just the very basic types of traffic accidents that occur on the highway everyday.  You have to keep in mind that vehicles are known and expected to be operated at highway speeds, which in many instances, especially when you get out into some rural areas, the speed limits are literally … Read more…

Richard Burke, a partner at Clifford Law Offices, has a great deal of experience in the area of product liability law in sorting through complex cases that involve when something goes wrong with a product.  Which can be anything from unsafe BBQ lighters to children’s games.  He spends much of time handling motor vehicle liability cases involving rollovers of SUV’s that can be caused by defects in tires, seats and airbags.  Rich was an Assistant State’s Attorney in Cook County … Read more…