· 3/24/1970
Williams v. Brown Manufacturing Co.
Citations
- 261 N.E.2d 305
- 45 Ill. 2d 418
- 46 A.L.R. 3d 226
- 1970 Ill. LEXIS 600
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the doctrine of product misuse bars recovery when a person uses a product “for a purpose neither intended nor foreseeable”
- strict liability cause of action involving sale of contraceptive pill did not accrue when pill was manufactured, sold or consumed, but when plaintiff suffered stroke
- subsequently overruled as to effect but not definition of misuse, see Coney v. J.L.G. Indus., Inc., 97 Ill.2d 104, 73 Ill.Dec. 337, 454 N.E.2d 197 (1983)
- adequate safeguards exist against injustice in that plaintiff has burden of proof and products liability defendant is in a better position to know the condition of its product when it left its control
- adequate safeguards exist against injustice in that plaintiff has burden of proof and products liability defendant is in a better position to know the condition of its product when it left its control
- “[I]t has generally been recognized in Illinois and elsewhere that plaintiffs who ‘misuse’ a product—uses it for a purpose neither intended nor ‘foreseeable’ (objectively reasonable
Source: CourtListener parenthetical corpus (CC0).
Judges: Underwood, Crebs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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