When someone suffers injuries as a result of a defective or dangerous product, the potential defendants that may be held liable range from the company that designed the product to the manufacturer and even the retailer. Product liability cases involving product defects can arise from defects in manufacturing or defects in the product’s design. Manufacturing defect cases involve a defect in a product caused when the product was not manufactured according to its intended design. In contrast, design defect cases involve a defect in a product caused when the product’s design was unreasonably dangerous. There can also be marketing defects in cases in which there was an insufficient warning of the product’s dangers.
In an Illinois defective design case, a plaintiff must prove that the product had an unreasonably dangerous condition, the condition existed when the product left the defendant’s control, and the condition caused the plaintiff’s injuries. There are different tests courts use to determine whether a product is “unreasonably dangerous.” Under the consumer-expectation test, the question is whether a product failed to perform as safely as an ordinary consumer would expect. In contrast, under the risk-utility test, the question is whether a product’s risks outweighed its benefits. The risk-utility test considers a number of different factors, including the feasibility of alternate designs, whether the design conformed to industry standards, the utility of the product, the likelihood of injury, and the manufacturer’s ability to eliminate the unsafe condition.
Lawsuit Claims Keurig Machine Responsible for House Fire
In a recent lawsuit, an insurance company sued Keurig, claiming that a woman’s Keurig machine spontaneously caught fire. According to one news source, the lawsuit alleged that the fire caused $100,000 worth of smoke damage to a woman’s home in Massachusetts. The woman’s insurance company brought a claim against Keurig Green Mountain, Inc., over the fire after it covered the repairs to the home. The lawsuit contends that the family was forced to move out and then to live in the basement while the home was being renovated.
The insurance company alleges the model the woman had been using, the K70 model, is unsafe and should not have been sold to consumers. The lawsuit alleges the model was defective and unreasonably dangerous. The K70 was discontinued in 2014.
Keurig, a single-cup coffee machine manufacturer, said its machines have thermal sensors and are tested to meet regulatory standards. The company said it was unaware of any of its machines being the cause of fires.
Do You Have a Product Liability Claim?
If you or a loved one has been injured by a defective product, you may be entitled to compensation. At Moll Law Group, our product liability attorneys advise people throughout the country who have been hurt by a defective product. Our firm represents injured consumers in states such as Illinois, California, Florida, New York, Texas, Pennsylvania, Ohio, and Michigan. We are accustomed to handling large cases that have a significant social impact. Billions of dollars have been recovered in cases in which we were involved. Call us at 312-462-1700 or use our online form to set up a free consultation.
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The Continuing Danger of Lead Paint in Chicago-Area Homes, Illinois Injury Lawyer Blog, March 10, 2017.