The Illinois Appellate Court for the First District has ordered a new trial in the product-liability lawsuit against a water heater company. The jury’s verdict of $10.7 million for a toddler killed by scalding bathwater was the underlying lawsuit leading to this verdict.
The Illinois Appellate Court’s decision centered on the heater’s instruction manual as well as a warning label on both a mock-up and the actual heater. It was the opinion of the appeals panel that the jury should have been allowed to see the heater’s instruction manual in the trial.
The appeals panel also said the jury should have been given the chance to answer a special interrogatory, which was the question aimed to distill and frame the issues. The question was whether the product was “unreasonably dangerous” when it left the location of the manufacturer.