How to Win a Product Liability Burn Injury

Written by

On June 27, 2023
Utah's best personal injury attorney, salt lake personal injury attorney, salt lake personal injury lawyer, salt lake accident lawyer, salt lake accident attorney

A Burn injury caused by defective products can have devastating consequences for individuals and their families. When a product fails to meet safety standards or poses unreasonable risks, the manufacturer may be held liable for the resulting injuries. We will explore the role of product liability in burn injury cases, including the legal principles involved, the types of product defects, and the avenues available for seeking compensation.

Understanding Product Liability

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers to ensure that the products they introduce to the market are safe for their intended use. When a defective or dangerous product causes burn injuries, victims may pursue product liability claims to hold the responsible parties accountable.

Types of Defects In Burn Injury Cases

Product defects in burn injury cases typically fall into three categories:

  • Design Defects: These defects exist before the product is manufactured. This makes the entire product line inherently dangerous. Design defects can lead to burn injuries if the product has a high risk of catching fire, lacks adequate insulation, or has other inherent dangers.
  • Manufacturing Defects: Manufacturing defects occur during the production process, resulting in a specific product being defective or deviating from its intended design. Examples include faulty wiring, improper insulation, or inadequate safety mechanisms that increase the risk of burn injuries.
  • Marketing Defects: Marketing defects involve inadequate warnings, improper instructions, or failures to provide sufficient safety information about the product. Insufficient warnings about potential burn hazards, for instance, can render the manufacturer liable if injuries occur.

Establishing Product Liability

To hold a manufacturer accountable for burn injuries, the following elements must generally be proven:

  • The product was defective or unreasonably dangerous.
  • The defect existed when the product left the manufacturer’s control.
  • The defect caused the burn injuries.
  • The product was being used as intended or reasonably foreseeable.

Legal theories in product liability claims

Product liability claims are often based on one or more legal theories:

  • Strict Liability: This theory holds manufacturers liable for injuries caused by defective products, regardless of their level of negligence. Victims only need to establish that the product was defective and caused their injuries.
  • Negligence: Negligence claims assert that the manufacturer failed to exercise reasonable care in designing, manufacturing, or marketing the product. Victims must demonstrate that the manufacturer’s actions or omissions were negligent and directly caused their burn injuries.
  • Breach of Warranty: When a product fails to meet the promises or guarantees made by the manufacturer or seller, a breach of warranty claim can be pursued. This can include express warranties (explicitly stated) or implied warranties (assumed to exist).

Seeking compensation

Victims of burn injuries caused by defective products may be entitled to various forms of compensation, including:

  • Medical Expenses: Coverage for past and future medical bills, including hospital stays, surgeries, medications, rehabilitation, and therapy.
  • Lost Income: Compensation for wages lost due to the injury, as well as potential future earnings if the burn injury affects the victim’s ability to work.
  • Pain and Suffering: Damages awarded for physical pain, emotional distress, and the diminished quality of life resulting from the burn injuries.
  • Punitive Damages: In cases involving gross negligence or willful misconduct, punitive damages may be awarded to punish the manufacturer and deter similar behavior.

Product liability plays a crucial role in holding manufacturers accountable for burn injuries caused by defective products. By understanding the principles of product liability and the types of defects involved, victims can seek compensation for their injuries. Consulting with an experienced personal injury attorney is essential to navigate the legal complexities and build a strong claim. Shane Gosdis wants to get you the compensation you deserve. To schedule a consultation call (385) 429-9960 or email today.

You May Also Like…