Home fireplace or furnaces are commonly used during the winter time. But what happens when these units are defective? In many cases occupants within the home suffer serious injuries. Whether it is serious smoke inhalation, burns or other injuries, you may be entitled to compensation for your injuries. If you have been injured from a defective fireplace contact our offices today for a free case evaluation.
Who Is Liable for Injuries Caused By a Defective Fireplace Liability for injuries can depend on the cause of the injury itself. If you suffered injury from a defective fireplace then the manufacturer of the product will be held accountable. Under California product liability laws, any manufacturer, wholesaler or distributor in the chain of commerce is liable for injuries. Generally manufacturers and distributors have what is known as “product liability insurance”. Product liability insurance provides a form of insurance against defective products. When a manufacturer designs or distributes a defective product they will be held responsible for the injuries suffered. A product can be defective for a number of different reasons. The three most common reasons a product are defective include, a manufacturing defect, design defect or inadequate labeling defect. Manufacturing defects are those that occur at the time of manufacture. What this refers to is some type of actual defect that happened at the time of manufacturing. Design defects are different then manufacturing defects. Instead of it applying to a single unit in the manufacturing process, design defects refer to the overall design. Defects in design are applicable to all units designed. This can occur from a defective prototype in which the product was designed from. Generally this means that there is a inherent design defect present in the product. Label defects apply when the manufacturer fails to put proper warning labels on the product. In such cases you are entitled to just compensation for the cost of your injuries.
Common Injuries There are a number of different injuries that can occur from a defective or faulty fireplace. A common list of injuries are listed below.
- Severe Burn injuries: including 1st, 2nd and 3rd degree burns
- Traumatic brain injury
- Smoke inhalation
- Loss of vision
- Lung collapse
- Cognitive injuries
- Respiratory problems
- Facial disfigurement
If you have been injured call our offices to speak to one of our personal injury attorneys today for a free case evaluation.
What to do After My Accident- Filing a Fireplace Injury Lawsuit
Knowing what steps to take after your accident is important. Knowing who is responsible for the injuries takes disciplined evaluation of the facts. If you have been injured there are certain things which you should do. Seek immediate medical attention for your injuries. Do not wait, it is always better that you speak with a qualified physician regarding your injuries. Make sure you do not tamper with any of the evidence. We will need to have an expert evaluate the condition of the product and determine who is liable and to what amount. Many times clients can damage their case if they do not have the actual product in their possession. Knowing the cause of the defect is important to the evaluation of your case. If you have been injured as a result of a faulty fireplace contact our offices for a free case evaluation of your file. Our services are absolutely free for your evaluation and we will give you our opinion with regards to liability.
Learn more about your legal options: Call (855) 339-8879 to speak with a representative now.
Signature Command Fireplace Recall: A control component in the fireplaces and inserts can prevent the unit from lighting though gas continues to flow, posing a fire hazard.
Honeywell gas valve Fireplace and Stove Burn hazard: Control hazard failure resulting in the release of toxic gas.
Monessen Hearth Systems Fireplace Recall: A control component in the fireplaces and inserts can prevent the unit from lighting though gas continues to flow, posing a fire hazard.
Kingman Fireplace Recall: Delayed ignition can cause the fireplace’s propane gas to explode and break or shatter the glass door. This poses a laceration hazard to consumers nearby.