Legal Question in Product Liability in Illinois

I bought a refrigerator and stove the stove is working fine but two weeks later the refrigerator side wasn't getting cold so I call'd the place where I got it from they sent two guys out to help they told me to unplug it for several hours so I did it still wasn't working right so I call'd them back bout a week later they sent sum one out again but two hours after he claim he fix'd it it caught fire ruined all my food everything but when he left he told me there was nothing he can do cause I didn't have a warranty I no very bad on my part. But what was strange is he told us he doesn't work on refrigerators his thing is washer n dryers but they sent me a bill for the repairs they didn't care bout my money I lost r food I got 5 kids we had nothing do they have to pay me back for the food I lost n do I have to pay the bill

Asked on 4/19/12, 12:27 pm

1 Answer from Attorneys

Assuming this was a used appliance without a warranty and the price reflected its possible condition, you took a risk but I can understand if you didn't have the money for a new one or a used one with a warranty. However, if this was a negligent repair that caused the fire and loss of the food, you MIGHT be able to (a) avoid the bill and (b) sue for the value of the appliance at time of loss plus lost food. As to (a) the shop may not care and could sue you, in which case you could defend based on what happened, and maybe even "counterclaim" for the lost value and food, but without more proof you could lose. As to (b) you would have to sue. If you have no money you may get a court to "waive" filing fees and allow you to sue for free, but that won't replace the appliance or the food until and unless you win and the shop pays any judgment amount you win. You might want to try telling them if they sue you for the repair you'll countersue them for the value of the appliance and the lost food, and that might stop them; then again it might not. Best of luck.

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Answered on 4/21/12, 1:02 pm

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