Lighting has long been a tradition associated with the holiday season. However, many times these lights are defectively manufactured causing the users to suffer extensive property and physical damage. If these lights are defective they can cause power over flows or glitches which can cause property damage. If there has been damage or injury caused by defective holiday decorations or Christmas lights, contact our office for a free consultation.
Defective Holiday Decorations
If a holiday decoration such as a Christmas light is defective then it can cause a serious fire hazard. In such cases the lights can malfunction or explode, igniting the surrounding areas into flames. If the lights are hung over a home or nearby residential area, then significant property damage can occur. In other cases victims can suffer injury from smoke inhalation, or burns all of which are the fault of defective decorative light. There are generally three distinct causes of action in a product liability case:
(1) Defect in the original design of the product
(2) Defect in manufacturing of the Christmas lightning (this requires the showing of a finished product that is markedly different and as a result more dangerous than the indented design).
(3) Defect in the Labeling, also referred to as a failure to warn defect. Manufacturing defects are those that occur at the time of manufacturing. This can be due to human error or machinery error in the assembly process. Design defects refer to a prototype error. If there is a design defect it refers to a flaw in the design of the product. Generally design flaws can apply to all similar products manufactured from the same prototype. Failure to warn defects arise when a manufacturer fails to inform of the potential defects or issues involved with the product. Distinguishing which defect would apply requires knowledge of the root or cause of the problem. In order to better understand the cause of the defect our office will employ the service of an expert to identify the issue. Once our expert can identify the cause of the defect we can establish, which theory of liability would be applicable.
Who Is Liable for Injuries Sustained by Defective Christmas Lighting?
In a product liability cause of action there are a number of people who can be considered liable for the injuries. This includes any commercial seller in the chain of distribution. Including wholesalers, retailers and any other party in the chain of supply. This allows for you to bring a cause of action for the injuries you have sustained.
What Should I Do?
If there has been an injury make sure to seek proper medical treatment. It is important to keep records of all doctors visits or any events after the accident. Do not tamper with the defective product. Many times you can damage or harm your case if the product is tampered with. It is important to keep the product in its post accident condition. This allows for our experts to examine and decide as to the cause of the issue. Before discarding the product or making any changes to the defective product make sure you speak with a product liability attorney for a better understanding of what you should do.
To learn more about your legal rights call (888) 649-7166.