Consumers can sustain serious injuries from a defective product. Products we use every day can overheat, catch on fire or explode. Some of the most devastating injuries are caused by fire and smoke. Burn victims can sustain permanent injuries, such as scarring and body disfigurement.
If you’ve suffered an injury, a free consultation with our product liability attorneys can help you recover compensation for your burn injuries and other damages. Call Hughes & Coleman Injury Lawyers today at 800-800-4600. Control Starts With a Call.
WHAT IS A PRODUCT DEFECT?WHAT ARE THE TYPES OF PRODUCT LIABILITY CLAIMS?CAN I SUE FOR A FIRE CAUSED BY A DEFECTIVE PRODUCT?WHAT DAMAGES CAN BE RECOVERED?WHO’S LIABLE FOR DEFECTIVE PRODUCT FIRE BURN INJURIES?HOW DEFECTIVE PRODUCTS CAN CAUSE BURNSWHAT TO DO IF YOU’VE BEEN INJURED BY A DEFECTIVE PRODUCT FIREWHAT IS THE CONSUMER PRODUCT SAFETY COMMISSION AND WHAT DO THEY DO?OUR DEFECTIVE PRODUCTS INJURY LAWYERS CAN HELP WITH YOUR CASE
A product defect is a characteristic of a product which hinders its usability for the particular purpose for which it was designed and manufactured. In other words, when a product can’t be used for its normal use, it may be a defective product.
In general, there are three types of product liability cases:
A design defect occurs when the product is inherently dangerous to consumers, even if the product is used as instructed. In other words, a product’s design causes the product to fail even when used appropriately. This failure can lead to a risk of personal injury. Batteries that catch on fire spontaneously are an example of a product’s design defect.
A manufacturing defect occurs when the product departs from its intended design. Meaning that something was done incorrectly by the manufacturer. A manufacturer is held liable for a manufacturing defect regardless of how careful it was in making the product. The manufacturer would have strict liability.
Anyone involved in the making, distributing and selling of a product must market the product with regard to consumer safety. Some products, such as a space heater, are potentially dangerous if used incorrectly. Manufacturers are required to include instructions and/or risk warnings to help the consumer use the product safely.
Fire caused by faulty products can lead to safety issues. The responsible party can be sued and held responsible for personal injury resulting from the and fire.
The following damages can be awarded in a defective products case:
Medical Expenses, including hospital bills, medical supplies, such as walkers and wheelchairs, medications, physical therapy and rehab costs. People who sustained a serious injury will likely incur future medical expenses too. The treating doctors or an expert can help identify what medical treatment, medication or supplies will be needed in the future. You may be able to recover the amount of those future medical expenses in addition to your current medical expenses.
Lost wages when burn injuries result in a temporary or permanent inability to work. You can get compensated for the time that you lost from work, and even for lost earning potential if your injury will prohibit you from working again in the future.
Property damage if the fire damages or destroys your property, you can get compensation for the cost of repairing or replacing the property.
Pain and suffering damages can include the actual pain from the injuries and medical procedures, emotional distress, depression and anxiety, difficulty sleeping or eating, inability to perform daily activities of life such as bathing, cooking, cleaning or driving, and even loss of enjoyment of activities you used to engage in, such as exercising or playing with your family.
Loss of consortium is another type of damage that can be recovered to compensate you for the impact the injury had on your relationships and companionships with certain family members. Depending on where the injury occurred, your spouse or children may be entitled to compensation if they were deprived of your companionship and benefits.
In Tennessee, the injured person is limited in the amount they can recover for non-economic damages. In personal injury cases, you are usually only allowed up to $750,000 in non-economic damages. There are exceptions to this cap, such as in cases of catastrophic injuries. In those situations, the cap increases to $1,000,000 if the plaintiff sustained catastrophic injuries (spinal cord injury resulting in paraplegia, quadriplegia; amputation of 2 hands, 2 feet or 1 of each; or third-degree burns over 40% percent of the body). Another exception is in the wrongful death of a parent of minor children if the parent had lawful rights of custody and visitation. A personal injury lawyer with experience in products liability claims can help you determine if these exceptions apply to your case.
In some circumstances, the defect or conduct involved in the product liability case may be so wrongful that extra damages may be awarded. These damages aren’t necessarily meant to compensate you, but are instead designed to punish the wrongdoer for their actions and deter similar conduct from happening again in the future. These extra damages are also sometimes referred to as exemplary damages. Punitive damages are awarded in addition to other damages, such as medical expenses and pain and suffering. Punitive damages are capped in Tennessee. The amount an injured party can recover in Tennessee for punitive damages depends on the circumstances of the claim.
If you bring a product liability lawsuit, manufacturers or any other party involved in distributing or selling the product can be a responsible party. Any person or entity involved in the chain of distribution of consumer products has a duty to ensure the products they sell are not unreasonably dangerous. Serious harm can occur as a result of a manufacturing defect, lack of clear warnings, inadequate instructions, unreasonably dangerous products, faulty parts, or design defects, for example.
In a fire product liability case, it is important to discover what happened to determine who can be held accountable to the injured party. This can be very difficult because of the damages typically caused when things catch fire. Fires often damage or destroy the product and other evidence. A product liability lawyer is knowledgeable about the laws that protect consumers against the dangers created by defective products and how to prove the burns were caused by a defective one.
Unfortunately, product defects can cause it to explode or catch fire. For example:
Lithium ion batteries fires: Lithium-ion batteries power cell phones, laptops, vape pens, power tools, toys and many other everyday use products. These batteries exploded or caught fire in many products causing burn injuries.
House fires: Apartment or house fires can be caused by defective electrical wiring, exploding batteries, failure of appliances (hot water heaters, hair dryers or space heaters) or when alarm or smoke systems fail. These fires can be particularly destructive because they can leave many people injured.
Your first priority should always be your health. Getting the appropriate medical care is the best thing you can do for yourself and your product liability case.
You should preserve the defective product and any items that caught fire. The items should be inspected by an expert as soon as possible and stored in safe location.
If you have suffered a defective product injury, you should schedule a free consultation to discuss your product liability case with an experienced attorney as soon as possible. We can help you obtain your medical records and prove your burn injuries.
It is very important that you start the attorney client relationship as soon as possible after the personal injury occurs. Our firm works with fire experts who can assist and gather evidence of the defective product and fire. They can also help with inspection and preservation of the product.
The insurance company is not looking out for you and your rights. They often contact injured people soon after they are injured to get information that may not be entitled to or try get the case settled quickly.
You should not consider a settlement before the case has been investigated, the burn injuries have healed and you know how much your medical bills and lost wages are. An experienced lawyer can help you deal with the insurance company and get fair compensation
The United States CPSC promotes the safety of products by addressing unreasonably dangerous products, developing standards for manufacturers, researching injuries from products, and documenting failure and defects from certain products.
Injured people can visit the CPSC website for information about certain defective products, including those that have been recalled. See cpsc.gov for more information about what the CPSC does or for other general information purposes.
Call us now at 800-800-4600 for a free consultation to determine if you can get compensation. You may be able to recover damages such as medical bills and lost wages. Contact us 24/7 and there will always be someone here to take your call. You can also fill out our online contact form to schedule a free consultation. We have convenient law offices in Kentucky and Tennessee if you prefer to meet in person with a defective products experienced attorney.
We offer free consultations 24/7 and there will always be someone here to take your call. Call our personal injury lawyers today for a free consultation or fill out this form and we will contact you.
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