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Posted On: May 13, 2009 by Steven J. Malman

Chicago Wrongful Death Lawsuit To Be Filed After Garage Door Crushes 6-Year-Old South Side Boy

In Illinois, the family of 6-year-old Dijion Sanders is filing a Chicago wrongful death lawsuit. The garage door crushed the boy in his Calumet Heights home on Saturday night.

Sanders was transported to the University of Chicago’s Corner Children’s Hospital where he was soon pronounced dead. His family plans to sue the owner of the home, the garage door manufacturer, and the installer of the door for his wrongful death. They contend that the door should have had electronic sensors.

Products Liability Lawsuits
The manufacturers and sellers of consumer products are legally obligated to make sure that their products are safe for use. This means that they must design, make, and/or sell products that are free from dangerous defects, come with the proper safety warnings and precautions, and include correct and complete operating instructions. If someone gets hurt or dies because the manufacturer or another liable party failed to fulfill its duties of care to the product's consumer or user, the responsible party can be sued for Illinois products liability or wrongful death.

Examples of product defects include:
Design defects: The product has a defect in its design and this defect led to an injury or death.

Marketing defects: Insufficient instructions or inadequate warnings or marketing that didn’t provide enough/the right information.

Manufacturing defects: Defects that occur during the manufacturing process.

A product liability claim can be filed on the grounds of negligence or breach of warranty. A products liability lawsuit can also be brought on the grounds of strict liability. In these cases, the liable parties may not have necessarily done anything careless or negligent, but the product that caused the injury or death proved to be dangerous or defective despite the liable parties best efforts.

Family Sues After Garage Door Crushes Boy, CBS2Chicago.com, May 13, 2009

Boy killed by garage door, Chicago Breaking News, May 10, 2009

Related Web Resources:
Products Liability Overview, Justia

Premises Liability Overview, Justia

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