Shower seats are a helpful tool for people with a disability or limited mobility, which makes it hard for them to stand in the shower. These products can keep people safe, but ironically, they can also cause accidents if there is a design or mechanical defect with the seat. Various malfunctions with a shower seat can cause it to collapse and result in serious injury to the user.
If you or your family member was harmed by a defective shower seat, please take some time to learn about your rights and legal options from one of our attorneys. You may have the right to sue the manufacturer for compensation, along with other entities, like the company that installed the seat or the owner of the property where you were injured. For a free case evaluation with a shower seat collapse injury lawyer, contact DTLA Law Group at your earliest convenience.
Accidents Involving Shower Seats
We take it for granted that products are tested thoroughly and that they are completely safe as long as they are used in a reasonably safe manner. Unfortunately, shower seat collapses are common in people’s homes, as well as hotels, nursing homes, Airbnb rentals, and many other locations. If the seat is not installed correctly, they can collapse from the moment someone sits down on it.
However, many of these incidents are due to problems that are caused during the manufacturing process. Such defects typically result in mass recalls, like the recent recall on Teak shower benches that were sold at Costco. These benches were recalled due to 80 plus reports of the product falling apart or collapsing during use and posing a serious risk of fall-related injuries to the consumer. In the next section, we will cover some of the injuries that you can sustain from a broken shower seat.
Injuries Caused by a Collapsing Shower Seat
There are significant injuries you can end up with when a shower seat collapses underneath you. It’s also worth noting that people who use shower seats have pre-existing medical conditions that make them more susceptible to an injury. Thus, even a relatively minor accident from shower seat collapse can cause the following injuries:
- Deep lacerations
- Excessive bleeding
- Spinal cord damage
- Brain injury
- Neck and back injuries
- Broken bones
- Rupturing of the internal organs
- Hip fracture
- Shoulder dislocation
- Kneecap fracture
- Fractured tailbone
- Nerve damage
- Torn muscles and ligaments
Make sure to see a doctor right away if you’ve sustained injuries from a broken shower seat. Some conditions, like brain damage, won’t display any symptoms until it’s too late. By seeking medical attention in a timely manner, you can begin the process of treating these issues and maximizing your chance of recovery. In addition, contact our law firm as soon as possible to protect your rights and start the process of obtaining compensation for your monetary losses.
Filing a Lawsuit for a Broken Shower Seat Accident
Regardless of where you were injured, you may be entitled to monetary compensation if you had an accident from a broken shower seat. The key is to figure out who is responsible for the incident, which may be one or more of the following:
- Product manufacturer – under the principle of strict liability, manufacturers are liable for injuries that are caused by their products if the flaw or defect existed prior to the item leaving the manufacture’s possession.
- Property owner – owners of properties like hotels and Airbnbs have a duty to prevent accidents on their premises due to a dangerous condition that they knew about or had reasonable cause to know about.
- Installation company – If negligence by the installers of the shower seat caused the item to collapse, you may have grounds to pursue an accident claim against the installation company.
Liability by any of these entities can provide you with the foundation for a personal injury lawsuit. Alternatively, If the shower seat that injured you is part of a recall, you may decide to join a class action lawsuit. This is an option for injury victims to come together and file a single lawsuit if they’ve all sustained injuries from the same product. However, which of these claims is right for you is a subject you’ll need to discuss with a fall injury attorney at our law firm.
Statute of Limitations to Sue the Manufacturer
Please be aware that personal injury lawsuits are subject to a statute of limitations, which means you have a limited amount of time to seek monetary damages from the negligent parties. This period is normally two years from the day of your accident, unless you qualify for an exemption that would allow for extra time. However, extensions are only granted in rare circumstances by the court system, so it’s more than likely that you will be barred from filing a lawsuit if you are past the 2-year deadline. That’s why we recommend contacting us as soon as possible to initiate the legal process with one of our attorneys.
Average Case Value of a Defective Shower Seat Injury Claim
Cases involving fall-related injuries tend to be high value due to the serious injuries that are usually associated with these accidents. Granted, there are many factors that determine what you can receive from a lawsuit, but overall, the injuries and their long-term complications will have the biggest effect on your case value. Settlements in these cases may fall within the range of $150,000 to $2.5 million and above if you have moderate to severe injuries. But those with less serious injuries may receive smaller payments, perhaps in the neighborhood of $25,000 to $75,000.
Length of Time to Reach a Settlement
The amount of time to settle a defective shower seat claim may be just a few weeks in some cases, but it’s more than likely that the process will take 6 or more months from start to finish. Our goal is to negotiate and secure the payment you deserve within 6 to 10 months, but this will depend on our ability to negotiate a fair settlement with the product manufacturer. The type of legal action you are taking matters as well; class action lawsuits generally take longer to resolve than personal injury claims. Based on all the complications we may need to work through, it’s possible that settling a shower seat collapse lawsuit can take two years or longer.
Contact a Lawyer with Experience in Product Liability Cases
DTLA Law Firm has an experienced team of legal experts that are ready to provide you with immediate assistance on a defective or recalled shower seat accident case. We have spent decades in the recovery of settlements for injury victims and their family members, and we can do the same for you. All you have to do is give us a call and speak to a shower seat collapse injury lawyer.
There is no out-of-pocket cost to you if you decide that we are the right law firm to handle your case. We offer free legal services under the Zero Fee Guarantee, which include free second opinions if you have an active claim against a shower seat manufacturer. No matter where you are in the legal process, we are here to answer your questions and help you determine the best legal strategy for your case. As a contingency-based law firm, we only get paid if you receive compensation from the manufacturer. That way, your finances are never at risk, no matter the outcome to our lawsuit.
To benefit from these services and receive representation from an experienced product liability attorney, contact us to schedule a free case review.