Legal Question in Product Liability in Illinois

Sue Tire/Car manufacturer

My 01 Infiniti spun out of control the other day at low highway speeds (40mph), I ended up hitting a light pole. There is no reason this should of happened, the car was supposed to have advanced traction features and the tires were supposed to be premium. Plus, I was driving in a staight line, it wasn't on a curve. Can I sue the manufacturer of my car or of my tires, or both?


Asked on 12/30/02, 4:44 pm

4 Answers from Attorneys

Bruce Burdick Burdick Law Firm

Re: Sue Tire/Car manufacturer

Both.

I disagree with the other responders. You do not HAVE to know why your car spun out of control and that is NOT the key question.

The key questions are:

1. Did your car spin out of control.

2. Did you suffer damages

3. Are the damages substantial enough to justify a lawsuit?

4. Were you reimbursed for the loss by an insurance company?

5. Were you at fault in any way, such as driving too fast for road conditions then?

Cars do not spin out of control for no reason. If you were completely innocent, then the explanation must be with either an unusual road condition (e.g. oil, ice, water or the like?) or with a defect in the car (e.g. ABS failure, bad brakes, traction control malfunction?).

The first step in a product liability action would be to get a lawyer.

The second step would be for the lawyer or you to have a professional investigator check the car and the scene and try to explain what happened, so fault can be established. That will entail some cost, and would likely be your cost.

Good Luck. Contact me or any of the other responding attorneys if you need further legal assistance.

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Answered on 12/31/02, 12:39 am
Lawrence Walner Lawrence Walner & Assoc.,1 LTD

Re: Sue Tire/Car manufacturer

If expert can establish a connection with either the car controls or the tires that caused this, I would think you can sue one or both. Merely because there was not an apparent reason does not seem , alone, to create a case or blame.

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Answered on 12/31/02, 12:53 am
Peter Soble Peter M. Soble, P.C., Attorney

Re: Sue Tire/Car manufacturer

I don't have enough facts. Why did your car go out of control? That is the key question.

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Answered on 12/30/02, 5:04 pm
Nima Taradji Taradji Law Offices

Re: Sue Tire/Car manufacturer

You certainly CAN sue anyone. The questions is whether you have a leg to stand on after having filed your complaint. You do not say WHY your car spun out of control and in any lawsuit you file, you will have the burden of proving that something (anything) related to the manufacturing/design of the vehicle was the direct cause of the event. If you cannot show that, you will not be able to sustain your burden of proof. I suggest you start there and find out why you car did what it did when you think it should not have.

Good Luck.

Nima Taradji

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Answered on 12/30/02, 7:21 pm


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