Heating Pad Burn Injury Lawsuit – Defective Heating Pads
Consider the following scenario: you place a heating pad over yourself and trust that the product’s auto shut-off feature will do its job in the event you fall asleep. Later on, you are awakened by the smell of smoke and find that your mattress is on fire.
This is one of many cases where people are severely burned or sustain other life-threatening injuries due to a defective heating pad. Were you or someone in your family injured by mechanical issues with a heating pad? Did you sustain one or more injuries, including first to third degree burns? You may be entitled to compensation from a heating pad burn injury lawsuit, which we can talk to you about in detail during a free case receive. Please contact DTLA Law Group and talk to a lawyer that specializes in defective product injuries.
Many people live in drafty homes with insufficient heating, or they have a medical condition that makes them more susceptible to illness during chilly weather. Heating pads provide additional warmth, and they come in various shapes and sizes. Some heating pads are designed to be wrapped in a towel and placed on specific parts of the body. Others are more like blankets, meaning they can be laid on top of a mattress or over a blanket.
Due to the potential for burn injuries, heating pads normally have safety features, like timers, thermostats, and auto-shut functions. When any of these features fails to work as they should, the product can reach dangerous temperatures and cause fires, short-circuiting, and injuries to the skin.
Liability for Defective Heating Pad InjuriesTo determine if you can sue the manufacturer, you would have to prove that some sort of negligence during the manufacturing process caused one or more defects that resulted in your injuries. There may have been a design flaw or lack of quality control at the factory. Perhaps the labeling did not contain important safety instructions to prevent overheating and other dangerous events.
Product liability cases are extremely complex, and making a solid case for compensation requires help from a product defect lawsuit attorney. The heating pad burn injury lawyers of DTLA can answer any questions you have and develop a strategy to hold the manufacturer accountable. Then, we will fight tirelessly to bring you maximum payment from a product defect accident claim.
Heating Pad Injuries in Care FacilitiesHeating pads are commonly used in care facilities, like hospice care centers, nursing homes, and elderly day care providers. In-home nursing services also use heating pads for their disabled and elderly patients. Unfortunately, patients ranging from children to senior citizens are vulnerable to burn injuries from a heating pad. In some cases, the injury is aggravated by the fact that the patient cannot express themselves clearly. That means discomfort caused by a heating pad may not be noticed right away by the caretakers.
These cases involve additional complications compared to a standard case of product liability. Certainly, you can argue that defects with a product should be blamed on the manufacturer. But medical staff at care centers also have a duty of care to prevent injuries to patients. Thus, they must stay on top of product recalls and test all devices and equipment to ensure they function correctly. Additionally, there is a standard for how often to check on a patient. Sadly, many nursing homes and other care facilities fail to provide adequate supervision.
Ultimately, the actions of the healthcare provider must be evaluated, along with any defects that could have made a heating pad dangerous for the user. Liability may be shared by both the care center and the product maker, which would allow the victim to sue both of these entities.
Your Right to CompensationBy filing a heating pad injury claim, you are asking to be compensated for physical injuries, emotional distress, property loss, and other damages you suffered as a direct result of the manufacturer’s negligence.
If you were harmed in an accident that was caused by a defective heating pad, here are the payments you may be entitled to:
- Medical expenses, including on-going / lifetime medical costs
- Lost wages and/or loss of earning potential
- Property damage or loss
- Pain and suffering
- Punitive damages
- Legal fees
Personal injury lawsuits in California are subject to a 2-year statute of limitations. As a result, you must file a lawsuit against the manufacturer within 2 years of the accident.
Cam I still go ahead with a lawsuit if I am past the statute of limitations? There are situations where the court system may allow you to proceed with a lawsuit, even if you miss the deadline of 2 years. A minor, for example, has 2 years from whenever they turn 18 to file a lawsuit. This is one of several exceptions that can be used to plead with the courts for additional time. Keep in mind, however that most injury victims will not qualify for an extension. So, if you fail to file a product liability claim on time, it’s more than likely that the manufacturer is off the hook for the harm you suffered.
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