Improper Installation Liability – Recovery for Injuries due to improper installationWater heaters can be defectively installed. When a water heater is defectively or improperly installed, liability can be imposed on the installation company. Water heater installers are liable when they fail to properly fasten or install such equipment. When you employ an individual to install a water heater you expect it to be done properly. Handymen or contractors who hold themselves out to have certain or special skills, must perform their duties properly. If the installer negligently installs the equipment, causing injury, then liability will exist. When the installation company improperly installs such a device, they can be found liable for negligence. Negligence in general is a below standard level of care. Elements needed to prove a negligence case are: (1) Duty; (2) Breach; (3) Causation; and (4) Damages. Duty implies that you are owed a duty of care. Generally, when you employ a contractor to conduct repairs or install an appliance or water heater, you are a owed a duty that he will perform the job properly. You are owed a duty to have the installation of the product done properly. That duty is breached when the product or appliance is negligently installed. When the installation company improperly or negligently installs the product, then that duty is breached. Causation requires that your injuries be caused by the negligence of the installation company. In other words, but for the improper installation the injuries would not have occurred. The final element is damages. Were you injured? Generally with these types of accidents injuries can be serious. A list of common injuries are listed below. If it is found that the water heater was negligently installed then the installation company will be held liable for the injuries sustained. When a company through their employee or agent makes improper installations, they will be held responsible for injuries sustained.
Defective Water Heater – Manufacturing and Design Defect Liability for InjuriesWater heaters can also cause injury when they are defective. A product such as a water heater that is defective can cause devastating burns. A list of burns and their degrees can be found here. Water heaters can be defective when they have leaks, un-regulated temperatures or when they explode causing injuries. Products can be defectively designed, have a manufacturing defect or be defective to warn. Generally with water heaters we focus on defective design. Defective design refers to a inherent issue within the design of the product. Water heaters can be set to temperatures above 135 degrees. This temperature is considered above what is safe for human contact. In fact long term exposure or even short term exposure can cause 2nd to 3rd degree burns. Human contact with water temperatures above 110 degrees is not considered safe. If your injuries were sustained as a result of scolding hot water it is possible the water heater was defective. This design defect can cause serious bodily burn injuries. Water heaters can also have manufacturing defects. These defects can be two part; (1) all product manufactured are inherently defective, or (2) that particular model was defective. An expert in water heater defects can likely determine whether the product is defective. Our expert will analyze the material and parts used to manufacture the product. This will allow us to better understand what the source of the defect is.
Common Injuries caused by Water Heater Defect AccidentsWater heater defects can cause a number of different injuries. A list of common injuries include the following:
- Bodily burns, including 2nd and 3rd degree burns throughout your body.
- Facial scarring;
- Traumatic ear injuries;
- Eye injuries;
- Lung contusions.