West Coast Trial Lawyers Will Fight A Defective Product Claim
If you have fallen victim to a faulty product causing you to sustain burn injuries, you may have a defective product liability claim. There are generally three types of product liability cases. These include:
1. Defective product manufacturing. During the process of the product being physically manufactured, there may be some errors, thus resulting in the factory having to cover up for it. 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 have been done by the manufacturing defect. If you damaged these products yourself, you are not eligible to file a claim.
2. Defective product design. This is a flaw in the way the product was designed. Basically, an entire batch of the product may be defective. The victim may recover damages if they suffered any injury or financial losses because of the defective design. Examples of design defects include:
Tables having unproportional leg lengths.
Products being dangerous to children that were made for children, such as toys that are choking hazards.
Sunglasses not properly protecting the eyes from 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 danger it may have which would require an individual to approach it with extra precaution.
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 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:
Gas grills, or
A burn injury due to a faulty product may result in either a 1st degree, 2nd degree, or 3rd degree. 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 counsel.
Burn Injury Cases To The Employee
Although many accidents can happen that will result in injury to a customer, a restaurant is generally more dangerous for its workers than its customers. In a fast-paced environment like a restaurant, an employee can come in contact with a hot plate or burning liquid. In most cases, employees are protected under worker’s compensation insurance.
An employer’s insurance policy should cover an employee’s illnesses and injuries. This program usually covers the employee for injuries that occur while at work. Typically, injured employees do not sue their employers unless their employer was overtly negligent and the negligence directly led to the accident.
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
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:
Pain And Suffering
Loss Of Enjoyment Of Life
Punitive Damages 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% 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.
Contact Us If you got a serious burn injury from a faulty product, West Coast Trial Lawyers has experienced burn injury attorneys that are committed to make sure that you have a satisfactory end result with your settlement. Our attorneys will help you recover your financial compensation for any losses you have suffered, which may include medical bills, property damage, and lost wages. We offer a free, no-obligation consultation at our firm. No fees are paid until we win your case. Reach out to our legal team 24/7 by calling (213) 927-3700 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.