The safety risks of certain products are not always immediately apparent. After many U.S. consumers purchased hoverboards for the holidays this past year, many months went by before the Consumer Safety Commission warned of serious risks in most hoverboards. Product liability claims arise from situations in which defective products injure individuals or cause property damage.
Product Liability Claims
Product liability claims appear when the sale of a product causes injury, death, or other harm to consumers. There are a number of different ways in which individuals can hold sellers or manufacturers liable. For example, in Illinois, consumers may assert liability for negligence, strict liability, violation of express warranty, or violation of implied warranty.
Express warranty actions arise if the seller of a product claims that the product has a particular quality or will perform in a certain way. Implied warranty claims generally arise when a product is not of average quality or is not able to be used for its ordinary purpose. Negligence requires that the defendant have acted negligently, or without the required care. In contrast, strict liability claims do not require any showing of negligence but focus on the defective product itself. A seller can also be liable if it fails to adequately warn consumers of the dangers associated with the product.
Which particular claims to bring depends on the facts of each individual case and the location where the lawsuit is being filed. A potential plaintiff may want to consider the sufficiency of the warnings, where the defendants are located, the applicable statute of limitations, and the relationship between the plaintiff and the manufacturer or seller. There are a number of complex considerations, and understanding where to file, which potential defendants to sue, and which claims to bring is essential to a successful case.
Exploding Hoverboards Are an Immediate Safety Concern, Commission Warns
The U.S. Consumer Product Safety Commission has announced the recall of more than 500,000 hoverboards from 10 different companies and said the recall is an immediate concern for consumers and families. According to one news source, the Commission chairman stated, “all of the hoverboards models included in this recall were made with fundamental design flaws that put people at real risk.” The Commission cautioned that any consumer who purchased a hoverboard before May 2016 should return it.
Hoverboards are self-balancing battery-driven scooters. Recently, a serious danger has come to light from hoverboards bursting into flames as a result of the lithium batteries overheating. The Commission found at least 99 reported incidents of hoverboards catching fire or exploding. These incidents amount to more than $2 million in property damage across at least 20 states.
According to the Commission, most of the hoverboards currently do not meet safety standards. The only hoverboards that meet consumer safety standards are those that are “UL-certificated,” the first of which was only sold beginning May 2016.
Have You Suffered a Hoverboard Injury?
If you have suffered from an injury as a result of a defective hoverboard, or if you have incurred property damage as a result, you may be entitled to compensation. At Moll Law Group, our Chicago product liability attorneys can advise people throughout the United States who have been hurt by defective products. We provide aggressive representation and thorough consumer education. We represent injured consumers in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, and Michigan. Use our online form or call us at 312-462-1700 to set up a free initial consultation.
See More Posts:
Woman Injured on Icy Hotel Sidewalk Fails to Provide Evidence of Hotel’s Duty to Train Employees, Must Retry Case, Illinois Injury Lawyer Blog, July 9, 2016.
Court Finds Nursing Home Waived Its Right to Arbitration Despite Signed Arbitration Clause, Illinois Injury Lawyer Blog, June 13, 2016.
Court Dismisses Case After Failure to Pay Filing Fee Within Statute of Limitations, Illinois Injury Lawyer Blog, June 25, 2016.