It is that time of year again. People are looking online, in stores, and at the mall for the perfect holiday gift for their loved ones. Many of those presents will likely include toys and children’s items, and it is crucial to make sure those toys are safe. To help consumers do just that, the Illinois Attorney General’s office just released its 12th Safe Shopping Guide
The release of the 2019 Safe Shopping Guide has become a tradition for the Attorney General’s office, as they try to continue to alert consumers as to potentially hazardous products. The Guide includes everything from toys to baby gear to clothing and other accessories, such as hair styling products.
The yearly publication is another step the Illinois Attorney General is taking in an effort to keep the public safe. Although there are state laws and federal laws prohibiting the sale of recalled products, these items are still often sold to consumers, causing severe injuries to children and adults alike.
Laws Prohibits the Sale of Recalled Products
The Consumer Product Safety Improvement Act is the federal law that prohibits the sale of recalled products. This Act was created in 2008 and pertains not only to children’s products, but all products that have been recalled in order to protect the public’s safety.
While consumers may assume the law applies to retailers and other companies that sell products, the Act also prohibits individuals from selling items that have been recalled. The penalties for selling a product that has been recalled can be severe. Those found in violation of the law can be fined anywhere between $100,000 to $15 million.
Illinois has the Children’s Product Safety Act. The Act prohibits the sale of unsafe products, intended for the use of children. The law prohibits provides for financial penalties of $500 per day.
These fines are considered criminal penalties for those found selling recalled products. Victims will not receive any of this as compensation. To claim compensation for any injuries a defective product caused, accident victims must file a product liability lawsuit.
Negligence and Product Liability Claims
When a person has purchased and used a recalled item, or any product that has caused a serious injury, he or she can file a product liability lawsuit. Legal compensation can help with the costly financial burden that is often a result of injuries caused by defective products.
Retailers and other sellers have an obligation to follow federal and state consumer laws prohibiting the sale of recalled products. They also have a responsibility to ensure they are acting in a manner to keep those that purchase products safe.
Failing to do either of these can be considered negligence. Regardless of whether or not a retailer or other seller is found in violation of state or federal laws will not have any bearing on the outcome of a civil lawsuit.
Speaking to a Chicago Product Liability Attorney
No one should be injured by a product that is advertised as safe to use. This is particularly true when that item has been recalled, and should never have been sold in the first place.
If you have been injured by any product, including one that has been recalled, speak to a Chicago product liability lawyer at the Blumenshine Law Group (312)766-1000. Give us a call, text us at (312) 719-2010 or email at [email protected] to get your free consultation today. You may be entitled to compensation, and we can help you get it.