Product liability cases in Illinois can be perplexing and overwhelming, yet with the appropriate legal representation; you can protect yourself and have a higher chance of receiving compensation. Establishing fault is vital for achieving a favorable outcome in these cases.

Understanding Product Liability Law in Illinois

Product liability law in Illinois outlines various types of defects, such as manufacturing defects, design flaws, and warnings/instructions negligence. It’s important to understand these different types of product defects to build your case against liable parties successfully. If a faulty product injures you, the manufacturer, designer, distributor, or retailer can be held legally responsible.

Legal Theories of Product Liability in Illinois

Illinois has three legal theories of product liability: strict liability, negligence, and breach of warranty. Strict liability holds manufacturers liable for injuries caused by defective products regardless of fault. Negligence holds manufacturers responsible for damages caused by failure to exercise reasonable care in a product’s design, manufacture, or marketing. Breach of warranty has manufacturers liable for failing to uphold express or implied warranties.

In July, several brands owned by pharmaceutical and consumer goods giant Johnson & Johnson issued recalls of sunscreen products over concerns that the products contain low levels of benzene, a cancer-causing chemical. These brands included products from Neutrogena and Aveeno. Johnson & Johnson’s actions were not required by the Food and Drug Administration (FDA), but rather were voluntary and done “out of an abundance of caution.”

Researchers have asked the FDA to issue recalls for more brands after they found evidence suggesting octocrylene, another carcinogenic chemical, may be present in sunscreens produced by major companies. The researchers are concerned that octocrylene degrades to benzophenone, which can interfere with important hormones such as estrogen. These recent developments raise important questions of product liability on the part of companies producing these products. 

What are Carcinogens? 

A carcinogen is a substance that makes the formation of cancer more likely, either by disrupting metabolic processes or by damaging a person’s genome. Smoking cigarettes is a well-known source of many carcinogens, and the effects of tobacco’s carcinogens and their contribution to rates of lung cancer have been well-researched and documented. 

In the United States, we expect the medications that are available on the market to be safe for people to use. The Food and Drug Administration (FDA) closely regulates drugs and takes steps to protect public safety if any issues are discovered. Recently, the FDA has recommended that all ranitidine products be removed from the market due to unsafe levels of a carcinogenic substance. Because this drug is widely used to treat heartburn, acid reflux, and related conditions, consumers may have suffered adverse effects after using it. If you have been harmed by a dangerous drug or another type of defective product, you will want to consult with an attorney to determine your options for recovering financial compensation.

How Dangerous Is Ranitidine?

Ranitidine is commonly known under the brand name Zantac, although it is also available in generic form, and it can be prescribed by a physician or purchased over the counter. In 2019, the FDA began investigating ranitidine products after learning of testing that found the presence of N-nitrosodimethylamine, or NDMA, which is a known human carcinogen. Contamination by NDMA may negatively impact those with stomach, liver, colorectal, esophageal, kidney, bladder, prostate, and pancreatic cancers.

In some cases, drugs were found to contain 26,000-90,000 times the FDA's acceptable daily limits of NDMA. However, even though some products tested did not contain unacceptable levels of the cancer-causing substance, testing found that levels of NDMA in a product will increase over time, especially when drugs are stored at higher-than-normal temperatures. Due to the significant risk of contamination and the potential harm this chemical can cause to consumers, the FDA has requested that manufacturers withdraw ranitidine products from the market and that all products, including those that come in tablet or liquid form, be removed from store shelves.

“Vaping” has grown significantly in popularity in recent years, and it is often seen as a safer alternative to smoking traditional cigarettes. However, as more and more people have begun using electronic cigarettes (commonly known as e-cigarettes or vape pens), a large number of people have reported serious injuries from devices that explode or catch fire.

Exploding e-cigarettes can be incredibly dangerous, especially when these incidents occur near someone’s face. For example, in one recent case, a Nevada teen’s jaw was shattered and several of his teeth were knocked out when his device exploded in his mouth. In another case, a Florida man was killed when a vape pen exploded and sent shrapnel into his brain. Those who are injured by dangerous e-cigarettes should work with a personal injury attorney to determine their options for pursuing compensation.

What Causes E-Cigarette Explosions?

E-cigarettes use high-powered lithium-ion batteries to vaporize a liquid, and these batteries are often unstable, leading them to overheat, catch on fire, or explode. Some of the causes of these incidents include:

Parents often assume that the products intended for use by their children are safe. Unfortunately, this is not always the case, and there are many situations in which companies put profits ahead of consumer safety and release defective or dangerous products to the market. This was demonstrated recently when news stories broke about a jogging stroller that had caused injuries to parents and children.

Injuries When Using the Britax BOB Jogging Stroller

The BOB jogging stroller produced by Britax is intended to keep children safe and secure when parents are using it to run on sidewalks, streets, or even dirt paths. This three-wheeled stroller, which typically costs between $400 and $600, appears to be rugged and sturdy. However, hundreds of reports were sent to the Consumer Product Safety Commission (CPSC) between 2012 and 2018 stating that the front wheel of the stroller could suddenly become detached. When moving at high speeds, the strollers could then flip over, causing serious or life-threatening injuries to both children and parents. Some of the reported injuries included broken bones and teeth, torn ligaments, and severe lacerations.

In 2017, the CPSC requested that Britax voluntarily recall these strollers, but the company refused to do so. Even though the quick-release lever used to secure the wheels to the strollers was prone to cause these wheels to detach, the company claimed that the product was completely safe when used correctly because it had passed all safety tests. While the company ultimately took steps to address the issue in later models of the stroller and put out information intended to help owners use the strollers safely, there are still nearly 500,000 strollers which may be unsafe in American homes.