Every year tens of thousands suffer serious injuries from accidents caused by defective household and office furniture
. If you or your child have suffered injuries from a defective chair, improperly installed televisions, bed, office chair, table, or desk, contact the furniture product defect attorneys at the Downtown LA law Group. Our staff of attorneys will be able to fully investigate and analyze your claim and determine the optimum legal course of action.
Statistics and Important Facts Regarding Defective Furniture Accidents
According to the a report on Furniture Injuries form the Consumer Product Safety Commission
more than 43,000 individuals visited the emergency room for treatment caused by accidents involving furniture. Further important date regarding furniture related injuries are as follows:
List of Defective and Unstable Furniture Resulting in Serious Injuries.
- Children are at a greater risk of furniture related injuries: Children accounted for 60% of all furniture accident injuries.
- In 2011 245 furniture accidents resulted in deaths the majority of which were children
- Common injuries associated with furniture defect accidents include, (1) Contusions and abrasions (2) Head injuries (3) Injuries to legs and arms (4) Lacerations (5) Internal Organ Injuries, and (6) Fractures.
- Unstable beds
- Unstable television stands, TV wall mounts, and Entrainment Consoles
- Office Chairs
- Bunk Beds, Futons, and Highboys
- Chicken Counter tops
- Office Tables Desks
- Bar Stools
- Bathroom Appliances
- Patio Furniture
- Dining Chairs
Defective Furniture Lawsuits – How to win your claim in court
Generally there are three ways a plaintiff in a defective furniture case can prove liability. (1) Defect in the manufacturing o the furniture (2) Defect in the Original design of the furniture (3) and Failure to provide proper warning as to the hazards associated with the furniture.
: A Manufacturer defect takes place when there is a error in the manufacturing process, which caused the product to be different from what the indented design. The product will be considered defective when it is different from its original design, even though care was exercised to avoid this issue. When considering whether a product has a manufacturing defect, the important question is always whether it was designed in conformity with the manufacturer’s original plans. If there is some type of deviation then a manufacturer defect is considered to exist
: Design defects take into consideration the overall design of the product. The common issued which have to be proven by legal representative of the injure party are:
Failure to Warn
- Was the product properly designed?
- Did the manufacturer have more suitable designs which were less likely to cause harm?
- Did the manufacturer anticipate the use of the product?
: Failure to warn occurs when the defendant or manufacturer of the product does not warn of known dangers. If the manufacturer does not adequately warn of a known risk then it can be liable for failure to warn.
Can a Home Owner of Office be Held Liable for My Injuries
Liability based on the duty of a property owner to ensure a hazards free environment can be established for injuries cause by improperly installed furniture and appliance, or the failure to the property owner to inspect and maintain the furniture fit for common use.
California Premises Liability Laws
Under California Property Owner Laws
land owner or possessors liability varies greatly depending upon the classification of the injured party. Generally, all visitors fall into one of three categories:
An invitee is owed the highest duty of care. Persons who is either expressly or impliedly invited to another person’s premises for their mutual benefit.
Any individual who enters the premises at the owner or possessors consent for a non business or commercial purpose. The most common example is a social guest. In order to recover as a licensee, a victim must establish (all three):
- The owner or possessor knew or should have known of the dangerous condition, and should have known that it created an unreasonable risk of harm, and likewise should have known that the plaintiff would fail to discover the dangerous condition
- The owner or possessor did not make the condition safe or failed to warn the licensee of the condition
- The licensee did not know of the dangerous condition or the risks involved.
If you need to speak to an attorney regarding injuries suffered due to a defective furniture or home appliance contact our Law Firm.