Legal Question in Civil Litigation in Illinois
summons served when he did not buy from us
Our business got a summons. A man bought a tree step from Wal-mart and said he fell. We did not sell it to him or Wal-mart. He is suing us, Wal-Mart and the manufacturer. We sell the product, but had nothing to do with this case. What should we do? The circuit court said it would cost $100 for us to answer the summons.
1 Answer from Attorneys
Re: summons served when he did not buy from us
You have been served with summons--you have to answer it.
If you have general liability insurance, you must notify them immediately about the lawsuit so that they may provide you with a defense. If you do not notify them, chances are, that they will deny you coverage if a judgment is entered against you.
The fact that you beleive you had nothing to do with the events in question is irrlevant. You have been named as a defendant, failure to answer the complaint within the alloted time will result in you admitting all allegations contained in the complaint--and if you have not notified your insurance, you will be personally liable to pay any judgment.
Take it seriously. Notify your insurance at once.
If you do not have insurance, and if you feel lucky, you can try to defend it yourself. If not, hire an attorney to defend you.
I hope this helps,
Taradji Law Offices
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