Can I Sue a Manufacturer If I Get Burned by a Product?

Can I Sue a Manufacturer If I Get Burned by a Product?It is not until you become seriously hurt from your appliances that you realize how much trust you place in a manufacturer. What if you plugged in your curling iron and were seriously burned after trying to pick it up by its handle? What if you suffered a second-degree burn because the stove that you recently bought was not properly tested by its manufacturer?

Whatever the new product is that you buy, you expect for it to work in the manner that it should. You do not expect to become hurt from the product that the manufacturer promised was safe for you to use. If you are injured by a defective product, The Hayden Law Firm can assist in filing a claim.

What are the dangers of defective products?

As a consumer who is expecting to use a safe product, coming in contact with a defective product can do more than just catch you off guard. When a kitchen appliance or a heater is defective, it can cause you or your loved ones to suffer tremendous pain from a burn injury. A burn injury is considered a catastrophic injury based on the damage that the heat or fire causes your skin. What you don’t realize is just how many defective products can cause burn injuries when they malfunction.

Defective products that can cause burn injuries

Defective products that can result in a burn injury include:

  • Space heaters
  • Electric blankets
  • Infant bottle warmers
  • Stoves, crock pots, and other kitchen appliances
  • Curling irons
  • Battery-powered products
  • Flammable clothing
  • Cleaning products

Who can be held liable for my burn injury?

When you suffer a serious burn injury from a defective product, the manufacturers can definitely be held liable for your injuries. The defect found within the product can result from three origins: design, manufacturing, and marketing.

The design of a product

A product can contain a design defect if there is a flaw in the product’s design. When a product has a design defect, that means that the entire product line contains the same design defect. As a result, the entire product line must be recalled.

How the product is manufactured

A product with a manufactured defect contains a defect that was produced at some point during the manufacturing process. A manufactured defect only affects a few of the products in a product line.

How a product is marketed

A product with a marketing defect contains a defect involving the labeling and instructions. Products with the incorrect instructions or labeling can fail to warn consumers of the dangers associated with the product. If manufacturers state that a product performs a function that it does not, that is also considered a marketing defect.

What is a manufacturer’s duty of care?

The reason why manufacturers can be held liable for your injuries when you have suffered a burn injury from a defective product is because they owe you a duty of care. Every manufacturer in the United States owes a duty of care to every consumer to provide a product that is safe for use. When you have been injured from a defective product that they have produced, the duty of care they owe you has been breached.

Compensation for burn injuries in St. Louis

Whether you suffered first-, second-, or third-degree burns from a defective product, you are entitled to compensation from the manufacturers. The amount of compensation to which you may be entitled is based on the severity of your burns. You can receive different types of compensation like:

  • Lost earnings. If your burn injury requires you to take time off from work, you can pursue damages for the amount of income that you have missed, as well as potential inability to work in the future.
  • Medical expenses. Second-, third-, and fourth-degree burns require victims to seek medical services like skin graft surgery, physical therapy, and respiratory therapists. These services can become very expensive, especially when victims require these services for long periods of time.
  • Pain and suffering. You can pursue compensation for the physical and mental pain that your burn injury has caused.

How to prove the manufacturer was liable

Just because you have the right to file a lawsuit against the manufacturer who caused your burn injury does not mean that seeking compensation will be easy. For a manufacturer to be proven liable for your burn injury, it must be proven that their product directly caused your injury. In addition to the manufacturer, other parties against whom you can file a lawsuit include:

  • The product’s distributor
  • The manufacturer who created the product’s parts
  • The wholesaler
  • The retail store that sells or sold the product

How manufacturers will attempt to avoid liability

Manufacturers will not automatically admit to being liable for your burn injury. Instead of admitting to guilt, manufacturers would rather blame you and point to your negligence as a way to avoid liability. One of the ways that manufacturers try to prove that your negligence led to your burn injury is by arguing that you ignored the product’s warnings and labels. This is a common defense with defective products that can cause burn injuries.

Other common defenses in product liability lawsuits

Another common defense that manufacturers will attempt is to shift blame onto another party. If multiple parties play a role in manufacturing, distributing, and selling a product, it is crucial for you to hold the correct parties liable for your injuries. You must also be able to prove how each party was responsible and connect the product to each party.

When the seasoned legal team at The Hayden Law Firm represents you, we show the manufacturer that we are serious about pursuing compensation, and give you the competitive edge you need when fighting against the big corporations. We are more than capable of determining the liability of the manufacturer responsible for your burn injury. Call our offices today at 314-480-3100, or submit our contact form for a free, no-risk consultation. We proudly serve clients in St. Louis and throughout Illinois.