There can be many expectations when you try out a new product for the first time, but no one expects to suffer a burn because the item was defective.
The U.S. maintains strong safety regulations for consumer products, and most items can be used with confidence. However, in 2023, as many as 12.7 million people visited emergency rooms around the country for product-related injuries.
Burn injuries can be serious, life-altering injuries that impact a person’s ability to work or maintain life quality. They can cause significant physical, emotional, and financial damage. If you or someone you care about has been burned because of a defective product, speak with a burn injury lawyer to learn about your legal options.
What Defines a Defective Product?
A defective product is more than one that does not work as well as you expected. Accidents can happen, and products can be broken. To be considered defective in the legal sense, a product must meet one or more of the following definitions.
Design Defect
A design defect refers to the way the product was originally conceived. One example would be a crib that was designed with bars set too far apart, allowing a baby to crawl through them or get their head caught between them. An ATV that was designed without a roll cage is another example.
Manufacturing Defect
When a defect is caused in manufacturing, it can mean that the design of the product was sound, but mistakes in production made it unsafe. For example, poor planning in an assembly line could cause the bars of a baby crib to be placed at unsafe intervals. Or perhaps an unrealistic production schedule causes workers to make mistakes that lead to safety problems.
Warning Defect
Have you ever wondered why labels include so many instructions? Even when a product is well-designed and produced correctly, a lack of instructions could be considered a defect. One example a burn injury attorney might use is a household cleaner that contains dangerous chemicals but no label warning consumers about them.
Children are especially vulnerable to chemical burns. One study reported that around 2,300 children are admitted to the hospital every year due to chemical burns caused by household cleaners and an accident with the children.
Types of Defective Products That Could Cause Burns
Some tasks come with inherent risks, but using products made for normal consumer use shouldn’t pose a hazard. Whether at work or at home, some of the everyday items people encounter have the potential to cause harm because of defects. Some of the most common products include:
- Household cleaners like floor polish and disinfectant
- Household cleaners like floor polish and disinfectant
- Landscape and gardening products, such as fertilizer and swimming pool cleaner
- Kitchen appliances, including dishwashers, toasters, and blenders
- Vaping devices
- Curling irons and hair dryers
- Power tools
- Heating pads
- Flammable clothing
- Electric blankets and heating pads
- Paint thinner
- Lithium battery packs
- Guns
- Propane heaters and electric heaters
- Cell phones and cell phone accessories
- Airbags
- Skincare products
Thousands of everyday products have the potential to cause harm. Determining whether a defect in the product caused a burn or not can be difficult, but a burn injury lawyer can help.
What to Do if You’ve Been Burned by a Defective Product
If you’ve suffered any type of injury after using a product, the first step is to seek medical attention. Even if the injury isn’t serious enough to warrant a visit to the emergency room, having the wound assessed by a healthcare professional is important.
Untreated or incorrectly treated burns can lead to infection and other serious health issues, including death. In non-emergency situations, follow up with your regular provider as soon as possible.
Secure the Product
Don’t risk your own safety or anyone else’s. If you feel the product is dangerous, contact the fire department for instructions about handling the item safely. Place the product in a secure place away from children, where it won’t be disturbed.
Keep Documentation for Your Product Liability Claim
If a firefighter or other expert recommends disposing of the item, take photos and videos of the product. Keep all instructional materials, including the owner’s manual and any additional labels, if they are available. Keep detailed notes on any information you receive from emergency agency representatives regarding the product.
Contact a Burn Injury Lawyer to File Your Burn Injury Lawsuit
If you have been injured by a defective product, you may want to file a burn injury lawsuit against the faulty product manufacturer. However, proving liability can be complicated. You must be able to show that the product was defective and that your injuries were a result of those defects. You must also provide evidence that proves you were using the product correctly and for its intended use.
Winning a defective product lawsuit requires extensive investigation to prove liability to the manufacturer. You may need statements from industry experts, medical experts, and witnesses to the event. Product liability laws include several causes of action (legal theories) that require expertise to interpret. The defense can say it was an accident and it is up to you to prove that it was their fault.
A burn injury attorney understands the laws regarding defective products and already has access to experts who can testify on your behalf. Building a strong case can be difficult, especially without legal counsel fighting for you. Filing a lawsuit without an attorney by your side can lead to a lack of settlement and damages rewarded to you.
Compensation From a Personal Injury Caused by Defective Products
Estimating the amount of compensation you might receive from a lawsuit is complicated. Many factors must be considered, including the severity of your burns and liability. Some of the things you might be compensated for include:
- Medical costs, including future costs
- Ongoing therapies, such as physical therapy
- Loss of wages
- Property damage
- Pain and suffering
The best way to understand your legal rights is to schedule a consultation with a personal injury lawyer. An experienced defective product attorney can assess your product liability claim and advise you on the best way to move forward.
Call the Trial Law Offices of Bradley I. Kramer, M.D., Esq. for Defective Product Injury Accidents
Recovering from a burn injury can take weeks, months, or years. Burns can be extremely painful and require ongoing treatments, including surgeries. If a product has a design, manufacturing, or warning defect that causes injury, you may be entitled to compensation for your economic damages through a product liability lawsuit or claim.