Brandon Schmidt Goffinet & Solverson

Description

Many manufacturers of products that are at a greater-than-normal risk for causing bodily harm are unable to obtain product liability insurance. For example car manufacturers, gun manufacturers and some toy manufacturers do not have product liability insurance protection. This lack of insurance may be because the insurers do not want to take on the risk of insuring a dangerous or potentially dangerous product or because the manufacturers are unable or unwilling to pay the premiums for such coverage. As a result, some manufacturers are forced to self-insure for product liability claims.

Lemon laws are state laws that protect consumers who buy defective cars. A consumer must have bought the vehicle while it was under the manufacturer's warranty or extended warranty in order for the lemon law to apply. A warranty is a promise made by the manufacturer or seller to the consumer. The law recognizes implied warranties and express warranties. Implied warranties are unwritten or unspoken promises.

Our trial lawyers draw upon a wealth of litigation experience to provide clients with effective representation. We have appeared before state, federal, and appellate courts in Illinois, and have tried numerous cases through to the verdict and appeal stages. Our attorneys are Martindale Hubbell AV-rated, a distinction indicating preeminent legal ability and the highest ethical standards, and regularly publish scholarly articles on various areas of law.

Founded in 1977, Brandon, Schmidt & Goffinet is committed to achieving exceptional results for clients throughout Southern Illinois. We represent insurance liability companies in a diverse array of litigation matters, including medical malpractice defense, automobile accident defense, product liability law, workers' compensation, and class actions. We also assist clients with criminal law, family law, personal injury, real estate, and contract matters. For detailed information on our practice area concentrations, please visit the practice areas overview page and the insurance defense page .

In analyzing defective fuel tank cases, some courts have ruled that vehicle manufacturers do not have a duty to make gas tanks crashworthy because the vehicles were intended to be driven, not crashed. In more recent cases, nearly every court has rejected the "no duty" theory. Instead, the more recent rulings have determined that vehicle manufacturers have a duty to act reasonably in designing a gas tank. Thus, the fuel tanks must not present an unreasonable risk of worsening injuries incurred in collisions.

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