Product Liability Burn Injuries
All About Burn Injuries from a Defective Product
If you have fallen victim to a faulty product causing you to sustain burn injuries, you may have a defective product liability claim on your hands. There are generally three types of product liability cases. These include:
- Defective product manufacturing. During the process of a product being manufactured, errors may arise. Examples of manufacturing defects include:
- Cracked or loose chains on a swing set.
- Cell phone battery overheating due to battery management system failures.
- Contaminated bottles of water being sold at grocery stores.
In these types of cases, your injury must be caused by a manufacturing defect. If you damaged these products yourself, you will not be eligible to file a claim.
- Defective product design. This is a flaw in the way that the product was designed. The victim may recover damages if they suffered any injury or financial losses because of the faulty design. Examples of design defects include:
- Tables having unproportionate leg lengths.
- Products being dangerous to children that were made for children.
- Sunglasses that do not properly protect the eyes from harsh sunlight.
- Failing to show any warning signs or adequate directions about the correct use of the product. This is when a product does not have any or enough warning labels about the dangers that come along with using it.
Examples of a failure-to-warn claim include:
- No warning label on a cough syrup that may present a bad combination if taken with another drug.
- No warning label for prescribed medication that indicates side effects that come along with taking the drug.
- A chemical used to remove paint that is being sold without any instructions on how to use it safely.
- An electric tea kettle that is packaged without having any warning signs about its abnormally positioned steam valve.
As stated before, the individual must suffer injuries primarily because of a failure-to-warn. If you are burned by a tea kettle, you would only qualify to file a failure-to-warn claim if the steam abruptly came out of the steam valve and burned you.
Burn Injuries From Defective Products
There are various types of defective products that can result in an individual getting burned. These may include, but are not limited to:
- Vaping devices,
- Electric blankets,
- Lithium batteries,
- Gas grills, or
- Portable heaters.
A burn injury due to a faulty product may result in either 1st degree, 2nd degree, or 3rd degree burns. It all depends on the intensity of the burn and how it makes contact with your skin. If you have fallen victim to a burn injury while using a product, it is highly recommended that you contact a burn injury lawyer for legal guidance.
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
Limitations for Damages in California
For the most part, there is no real cap on compensatory damages following a personal injury claim. This means that courts are able to award any amount they feel is appropriate and reasonable.
However, the only exception is regarding medical malpractice cases. In these cases, the limit for pain and suffering and other non-economic losses is $250,000.
If a defective product caused your burn injury, West Coast Trial Lawyers has experienced burn injury attorneys that will help you recover compensation for any losses you have suffered, which may include medical bills, property damage, lost wages, and more.
No fees will be charged until your case has been settled. We offer a free, no-obligation consultation at our firm. Reach out to our legal team 24/7 by calling (213) 927-3700 or emailing [email protected].