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product liability

If you’ve been keeping an eye on the news, then you’ve probably heard about an uptick in exploding consumer products. A famous exploding product is Samsung’s Galaxy Note 7. The Galaxy Note 7 was a type of Android phone, and Samsung released it to the public in August 2016. By the end of August, there were already

reports of the phone’s battery exploding while it was charging, and Samsung issued a statement that the company would postpone mailing out further shipments until more testing was performed on the product’s quality. On September 15th, 2016, Samsung released a statement that confirmed the official recall of the Galaxy Note 7 and suspension of its manufacturing after the company learned of a manufacturing defect in the product’s battery.

Cases of exploding products are serious and can cause significant, sometimes irreparable, harm to consumers. For instance, one consumer of the Galaxy Note 7’s replacement phone complained of acute bronchitis as a result of inhaling a concerning amount of smoke after his battery exploded. A Southwest Airlines airplane had to be evacuated due to a passenger’s Galaxy Note 7 phone malfunctioning serves as another example of the effects that exploding products can pose for everyday people. 

Unfortunately, improperly designed or manufactured products explode with surprisingly regular frequency. People across the country are too often injured by products that explode, melt, or catch fire. If you or a loved one has been injured by an exploding product, you may be entitled to relief. Continue reading for more information regarding how California handles exploding product cases and, then, contact the Law Offices of Samer Habbas & Associates, PC to schedule a free consultation so that you can speak with one of our seasoned personal injury attorneys for more information. 

Exploding Products Liability Lawyer

If you or a loved one has suffered harm as a result of an exploding product, know that an exploding products lawyer can conduct a thorough investigation of the product to ascertain whether the product was defective at the time it was sold to you. A lawyer can then work to establish the connection between your injury and the defective product. After establishing that connection, a lawyer can aggressively advocate on behalf of your interests while seeking the maximum amount of compensation to which you are entitled.  

What Are Common Injuries Caused By Exploding Products?

There is an array of injuries you may suffer as a result of an explosion. The injuries that a victim sustains  – as well as their severity – often depend on the size and power of the explosion and the size of the product involved. Typically, the larger the explosion and the bigger the product, the worse someone’s injuries will be. Some injuries may be short-term whereas others may be long-term or permanent. 

Blindness

Unfortunately, many victims of exploding products experience some degree of eye-related complications. Being near or operating a product that explodes may result in temporary or permanent blindness. You may go blind if shrapnel punctures your eyes or if the flash or sparks from the explosion damage your cornea or retina. 

Deafness

Some exploding products produce a loud, reverberating sound. This sound can damage your ears and cause temporary pain. In some extreme cases, you may suffer a degree of impaired hearing after an explosion.

Disfigurement

If a product explodes in your hand or on your person, then you are likely to suffer from disfigurement. When you are disfigured, one or more of your fingers may be gone; a part of your face may become malformed; a part of your face may get blown off or; a limb may be severed. No matter how seemingly minor or small your disfigurement may be, it can have a devastating impact on your self-esteem and mental wellness.

Other common injuries resulting from explosions include:

  • Concussion
  • Traumatic brain injury (TBI)
  • Second-or-third-degree burns
  • Scarring 

What Damages Can I Recover Via An Exploding Products Lawsuit?

You can potentially recover compensatory damages by filing a personal injury exploding product lawsuit. Compensatory damages are divided into economic damages and non-economic damages. Economic damages address losses that are readily identifiable, such as medical bills and lost wages. Damages that stem from the emotional harm and other non-monetary losses you have suffered because of the explosion, such as post-traumatic stress disorder or anxiety, are addressed by awards for non-economic damages. 

A personal injury attorney can advise you of which damages to include in your particular claim. These are common damages for which victims seek recovery:

  • The cost of an ambulance ride
  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Physical therapy
  • Psychological therapy
  • Pain and suffering
  • Disfigurement
  • Loss of consortium

What Is The Statute Of Limitations For Exploding Product Claims?

Although you should know immediately when an exploding product causes you harm, you don’t have to file a claim right away. You may want to get better physically before you file a lawsuit for a variety of reasons. Moreover, you may want to wait a while to file a claim if you feel like your mental health needs to improve first. The state will allow you to wait up to two years to file a lawsuit. With that said, you should connect with an attorney right away, as our team may need to preserve evidence on your behalf as it may otherwise be compromised, leaving you with no way to prove your case. 

What Must Be Proven In An Exploding Product Lawsuit?

When products are involved, courts often apply a standard of strict liability. According to the strict liability law for products, you must establish the following:

  • The defendant is in the commercial chain of distribution (e.g., designer, manufacturer, retailer)
  • The defendant sold you a product
  • The product caused you to suffer an injury
  • The product was defective when it left the defendant’s custody
  • The defective product is the actual and proximate cause of your injury

Three different product defect types may cause the courts to apply a strict liability standard concerning product liability: defective design, defective manufacturing, and defective warning (a.k.a., failure to warn). A product can also be rendered defective if you used it in a reasonably foreseeable way that the company knew or should’ve known it could be used and the company failed to warn or instruct against the hazards of such usage. Most cases of exploding products occur due to defective manufacturing.

If a court finds a defendant to be strictly liable, then you will not need to prove negligence and it will become irrelevant whether the defendant took certain precautions to avoid the harm in question. The defendant will be held strictly liable for your injuries and for “making you whole again.” Multiple defendants can be found strictly liable, so you’re entitled to sue all companies that were involved in the chain of distribution for the product that caused your harm.

Irvine, CA, Product Liability Lawyer

Taking on a company after you’ve suffered harm as a result of an exploding product can be intimidating, especially if you’re struggling to recover. However, it is not in your best interest to let any company get away with distributing a defective product that caused you harm. If you’re ready to seek relief and just compensation for your injuries, call the Law Offices of Samer Habbas & Associates, PC at 949-727-9300 for a free consultation now.