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“The Distributor’s Statute: Proof Necessary to Reinstate Product Liability Claim,” IDC Quarterly

Second Quarter 2015
James W. Ozog

“As numerous manufacturers of consumer and industrial goods are moving operations off shore, American distributors increasingly struggle with passing on product liability responsibility to manufacturers,” write Jim Ozog and Kevin P. Lolli, attorneys in Goldberg Segalla’s Product Liability Practice Group.  

“Under strict liability theory, everyone in the chain of distribution is liable to the potential plaintiff for ‘unreasonably dangerous’ products which cause injury. The Illinois Distributors’ Statute, 735 ILCS 5/2-621, is meant to relieve distributors from strict liability in products cases. In reality, attempts to apply section 2-621 to foreign manufacturers are becoming more difficult.”

In this article co-authored for the Illinois Association of Defense Counsel, Jim and Kevin explore the impact and lessons learned from the recent case of Chraca v. U.S. Battery Manufacturing Co., which highlights the hurdles distributors must clear to get relief from strict liability under the statute.

Read the article here: