The Ultimate Guide to Winning a Retail Store Accident Lawsuit in Texas in 2024

Thursday, January 11, 2024
The Ultimate Guide to Winning a Retail Store Accident Lawsuit in Texas in 2024 1

In Texas, accidents can happen anywhere, even in retail stores. If you find yourself injured due to a slip and fall, a falling object, or any other type of accident in a retail store, it’s important to know your rights. That’s where this ultimate guide comes in.

Our comprehensive guide will walk you through the process of winning a retail store accident lawsuit step by step, arming you with the knowledge you need to protect yourself and seek the compensation you deserve. We’ll provide valuable insights into the legal system in Texas, helping you navigate the complexities and pitfalls along the way.

From gathering evidence to hiring the right attorney, we’ll cover all aspects of your case and empower you to make informed decisions. We’ll also shed light on common defenses used by retail stores and how to counter them to strengthen your claim.

Don’t let a retail store accident leave you in financial distress. With our guide, you’ll be equipped to take on the legal battle and emerge victorious in your pursuit of justice.

Steps to take immediately after a retail store accident

When a retail store accident occurs, taking immediate action is crucial. Your first priority should be your safety and well-being. Seek medical attention for your injuries, regardless of their severity. Inform store management about the accident and ensure that an incident report is filed. It’s important to obtain a copy of this report for your records.

Preserving evidence is another critical step. Document the accident scene by taking photographs or videos, making note of any hazardous conditions that contributed to the accident. Collect contact information from witnesses who can provide statements supporting your version of events.

Additionally, it’s advisable to refrain from discussing the accident with store employees or insurance representatives without the presence of legal counsel. Anything you say could be used against you later in the legal proceedings. By taking these immediate steps, you’ll be setting a strong foundation for your retail store accident lawsuit.

Gathering evidence for your retail store accident lawsuit

One of the key elements in winning a retail store accident lawsuit is gathering compelling evidence to support your claim. The evidence you collect will help establish the negligence of the retail store and strengthen your case. Here are some important pieces of evidence to consider:

1. Photographs and videos: Capture the accident scene, any hazards or defects that contributed to the accident, and your injuries. These visual records can be powerful evidence in demonstrating the conditions that led to your injury.

2. Incident report: Obtain a copy of the incident report filed by the store management. This document will provide an official record of the accident and the store’s response.

3. Witness statements: Contact witnesses who observed the accident and obtain their statements. Their testimonies can provide crucial support for your claim.

4. Medical records: Gather all relevant medical records, including doctor’s notes, diagnostic tests, and treatment plans. These records will help establish the extent and impact of your injuries.

5. Surveillance footage: If the retail store has surveillance cameras, request a copy of the footage that captures the accident. This footage can provide objective evidence of the incident.

By meticulously gathering and preserving evidence, you’ll be able to present a strong case in court and increase your chances of winning the lawsuit.

Determining liability in a retail store accident case

Proving liability is a crucial aspect of winning a retail store accident lawsuit. In Texas, premises liability laws hold property owners responsible for maintaining a safe environment for visitors. To establish liability, you’ll need to demonstrate the following elements:

1. Duty of care: Show that the retail store owed you a duty of care to keep the premises safe for visitors.

2. Breach of duty: Prove that the retail store breached its duty of care by failing to maintain a safe environment or address known hazards.

3. Causation: Establish a direct link between the store’s negligence and your injuries. Demonstrate that the store’s actions or inactions directly caused your accident.

4. Damages: Provide evidence of the physical, emotional, and financial damages you have suffered as a result of the accident.

Successfully determining liability requires a thorough investigation and a strong understanding of premises liability laws. By working with an experienced attorney, you’ll have the guidance you need to establish liability and build a compelling case.

The Ultimate Guide to Winning a Retail Store Accident Lawsuit in Texas in 2024 3

Calculating damages in a retail store accident lawsuit

When seeking compensation in a retail store accident lawsuit, understanding how damages are calculated is essential. Damages can be categorized into two main types: economic and non-economic.

Economic damages are quantifiable losses that can be directly attributed to the accident. These include medical expenses, lost wages, property damage, and future medical costs. Calculating economic damages involves gathering receipts, invoices, pay stubs, and expert opinions to determine the financial impact of the accident.

Non-economic damages, on the other hand, are more subjective and aim to compensate for the physical and emotional pain and suffering caused by the accident. These damages can include loss of enjoyment of life, emotional distress, scarring, and loss of consortium. Calculating non-economic damages can be challenging, as they don’t have a clear monetary value. An attorney experienced in retail store accident cases can help assess the value of your non-economic damages based on similar cases and legal precedents.

By accurately assessing and calculating both economic and non-economic damages, you can present a comprehensive claim that reflects the true extent of your losses.

Hiring a skilled retail store accident attorney in Texas

Navigating the legal complexities of a retail store accident lawsuit requires the expertise of a skilled attorney specializing in personal injury law. When selecting an attorney, consider the following factors:

1. Experience: Look for an attorney who has a proven track record of handling retail store accident cases and securing successful outcomes for their clients.

2. Expertise: Ensure that the attorney has in-depth knowledge of Texas premises liability laws and is familiar with the tactics commonly used by retail stores to defend against accident claims.

3. Resources: A well-equipped law firm with access to expert witnesses, investigators, and other resources can strengthen your case and increase your chances of success.

4. Communication: Choose an attorney who communicates effectively and keeps you informed throughout the legal process. They should be responsive to your questions and concerns.

During the initial consultation, discuss the attorney’s fee structure and any potential costs associated with your case. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case.

By hiring a skilled retail store accident attorney in Texas, you’ll have a legal advocate by your side who will fight for your rights and ensure you receive the compensation you deserve.

The legal process of a retail store accident lawsuit in Texas

Understanding the legal process of a retail store accident lawsuit in Texas can help you navigate the system with confidence. While every case is unique, the following steps are typically involved:

1. Consultation and investigation: Meet with an attorney to discuss the details of your case. The attorney will investigate the accident, gather evidence, and assess the strength of your claim.

2. Demand letter and negotiations: Your attorney may send a demand letter to the retail store, outlining your injuries, damages, and a proposed settlement amount. Negotiations may take place to reach a fair settlement without going to court.

3. Filing a lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit on your behalf. The retail store will be served with a summons and complaint, initiating the formal legal proceedings.

4. Discovery: Both parties exchange information and evidence through written requests, depositions, and interrogatories. The goal is to uncover any relevant facts and strengthen your case.

5. Pre-trial motions: Attorneys may file motions to resolve legal issues or seek a favorable ruling before the trial begins. These motions can impact the course and outcome of the lawsuit.

6. Trial: If your case goes to trial, both sides will present their arguments, evidence, and witnesses to a judge or jury. The judge or jury will determine liability and assess damages.

7. Verdict and appeal: If a verdict is reached, the judge or jury will announce their decision. If you win, you may be awarded compensation. Either party can choose to appeal the verdict if they believe legal errors occurred during the trial.

Understanding the legal process can help you prepare for what lies ahead and make informed decisions at each stage of your retail store accident lawsuit.

The Ultimate Guide to Winning a Retail Store Accident Lawsuit in Texas in 2024 5

Common defenses used by retail stores in accident cases

Retail stores often employ various defenses to protect themselves against liability in accident cases. It’s important to be aware of these defenses and how to counter them to strengthen your claim. Some common defenses used by retail stores include:

1. Lack of notice: The store may argue that they were not aware, or could not have reasonably been aware, of the hazardous condition that caused your accident. To counter this defense, you’ll need to demonstrate that the store should have known about and addressed the dangerous condition.

2. Comparative negligence: The store may argue that your own negligence contributed to the accident. Texas follows a modified comparative negligence rule, which means your compensation can be reduced if you are found partially at fault. To counter this defense, you’ll need to show that the store’s negligence outweighs any potential negligence on your part.

3. Assumption of risk: The store may claim that you willingly exposed yourself to the risk of injury by entering the premises. However, this defense may not apply if the store failed to warn you about a known danger or if the dangerous condition was hidden.

By understanding these common defenses and working with an experienced attorney, you can effectively counter them and strengthen your position in the lawsuit.

Settlement vs. trial: weighing your options

As your retail store accident lawsuit progresses, you’ll need to decide whether to pursue a settlement or take your case to trial. Both options have their advantages and considerations.

Settlements can offer a quicker resolution and provide you with compensation without the uncertainty of a trial. They can save you time, money, and the emotional toll of a lengthy legal battle. However, settlements may result in lower compensation compared to what you could potentially receive through a successful trial.

Taking your case to trial allows you to present your case to a judge or jury and potentially receive a higher verdict. However, trials can be time-consuming, costly, and there’s always the risk of an unfavorable outcome.

When weighing your options, consult with your attorney, who can provide guidance based on the specific circumstances of your case. They will help you assess the strengths and weaknesses of your claim and determine the best course of action to achieve a successful outcome.

The importance of making an informed decision

After being involved in a retail store accident, one of the most crucial decisions you will have to make is whether to settle or go to trial. This decision will have a significant impact on the outcome of your case and your future wellbeing. It is essential to weigh the pros and cons of each option and make an informed decision based on your specific circumstances.

Factors to consider when deciding to settle or go to trial

When deciding whether to settle or go to trial for your retail store accident, there are several factors that you should carefully consider. These factors include the strength of your case, the potential financial award, the time and stress involved in going to trial, and your personal circumstances.

Pros and cons of settling a retail store accident claim

Settling a retail store accident claim can often provide a quicker resolution to your case, allowing you to receive compensation sooner rather than later. It also avoids the uncertainty and risks associated with going to trial. Additionally, settling can save you time and money on legal fees. However, it is important to assess the settlement offer carefully and ensure that it adequately covers your medical expenses, lost wages, and pain and suffering. It is crucial to consult with an experienced personal injury attorney who can help you negotiate a fair settlement.

Pros and cons of going to trial for a retail store accident

Going to trial for a retail store accident can potentially result in a higher financial award, as it allows you to present your case to a judge or jury. It also provides an opportunity for you to have your story heard and seek justice. However, going to trial can be a lengthy and stressful process, with no guarantee of a favorable outcome. It requires significant time, effort, and financial resources. It is important to carefully evaluate the strength of your case and consult with an experienced personal injury attorney to determine if going to trial is the best course of action for you.

How to assess the strength of your case

Assessing the strength of your case is crucial when deciding whether to settle or go to trial for your retail store accident. Consider factors such as the evidence you have gathered, witness statements, medical records, and any expert testimony that may support your claim. Consulting with a personal injury attorney who specializes in retail store accidents can help you evaluate the strength of your case and determine the best course of action.

The role of expert testimony in retail store accident cases

Expert testimony can play a crucial role in retail store accident cases. Experts, such as medical professionals or accident reconstruction specialists, can provide objective opinions and analysis that can strengthen your case. They can provide insights and evidence that may not be readily apparent to a judge or jury. Consulting with a personal injury attorney who has access to reputable experts can greatly enhance the credibility and strength of your case.

Exploring alternative dispute resolution options

In addition to settling or going to trial, there are alternative dispute resolution options available for retail store accident cases. These options include mediation and arbitration, which can provide a more informal and less adversarial process for resolving your claim. Mediation involves a neutral third party who helps facilitate negotiations between you and the responsible party, while arbitration involves a neutral third party who reviews the evidence and makes a binding decision. Exploring these options with the guidance of a personal injury attorney can help you determine if they are suitable for your case.

The Ultimate Guide to Winning a Retail Store Accident Lawsuit in Texas in 2024 7

Conclusion

Texas, with its bustling retail industry, sees its fair share of accidents in stores. Understanding the common types of accidents that can occur is crucial in building a strong case. Slip and falls, falling objects, inadequate security, and poorly maintained premises are some of the common causes of retail store accidents.

When it comes to retail store accidents, premises liability laws come into play. These laws hold property owners responsible for maintaining a safe environment for visitors. However, establishing liability can be complex, as it requires proving that the property owner was negligent or failed to fulfill their duty of care.

To build a solid case, it’s important to gather evidence and establish that the accident was caused by the negligence of the retail store. This includes documenting the scene of the accident, taking photographs, collecting witness statements, and obtaining any relevant surveillance footage. By understanding the nature of retail store accidents and the legal framework surrounding them, you’ll be better prepared to navigate the legal process.

Posted by Aaron Herbert at 3:59 pm

The Key to Success: Navigating the Complexities of a Battery Explosion Lawsuit

Saturday, January 6, 2024
The Key to Success: Navigating the Complexities of a Battery Explosion Lawsuit 9

In a world where electronic devices have become an integral part of our daily lives, the risk of battery explosions is a growing concern. And when such incidents occur, navigating the complexities of a battery explosion lawsuit is paramount. Whether it’s a faulty laptop battery or a malfunctioning e-cigarette, understanding the legal process and your rights is crucial to achieving a successful outcome.

At The Law Firm of Aaron Herbert, we understand the importance of providing accurate information and guidance to individuals involved in battery explosion lawsuits. Our experienced team of attorneys specializes in this complex area of law and can help you navigate the legal landscape with confidence.

In this article, we will delve into the key factors involved in a battery explosion lawsuit, shedding light on crucial aspects such as product liability, negligence claims, and the importance of expert testimony. We will also provide useful tips on how to gather evidence, identify responsible parties, and seek appropriate compensation.

So if you find yourself dealing with the aftermath of a battery explosion, stay tuned as we unravel the complexities and provide you with the knowledge you need to fight for justice.

The Law Firm of Aaron Herbert – Your trusted legal resource for battery explosion lawsuits.

The legal landscape surrounding battery explosion lawsuits

Battery explosion lawsuits involve a complex legal landscape that includes various legal theories and principles. One of the key aspects of a battery explosion lawsuit is product liability, which holds manufacturers and sellers responsible for the injuries caused by their defective products. Product liability laws vary from jurisdiction to jurisdiction, but they generally require proving that the product was defective, that the defect caused the injury, and that the product was being used as intended.

In addition to product liability, negligence claims can also be pursued in battery explosion lawsuits. Negligence claims require proving that the responsible party had a duty of care, breached that duty, and that the breach of duty caused the injury. This can be particularly relevant in cases where the explosion was caused by improper installation, maintenance, or use of the battery.

Expert testimony plays a crucial role in battery explosion lawsuits. Experts in fields such as engineering, chemistry, and product safety can provide valuable insights into the cause of the explosion, the design and manufacturing defects, and the industry standards. Their testimony can help establish a link between the defective product and the injuries suffered, strengthening the case and increasing the chances of a favorable outcome.

Common causes of battery explosions

Battery explosions can be caused by a variety of factors, including manufacturing defects, design flaws, improper use, and inadequate safety measures. Manufacturing defects can occur during the production process, leading to faulty batteries that are more prone to explosion. Design flaws, on the other hand, refer to inherent weaknesses or vulnerabilities in the battery’s design that make it more likely to explode under certain conditions.

Improper use of batteries is another common cause of explosions. This can include overcharging, exposing the battery to extreme temperatures, or using incompatible charging devices. It’s important to follow the manufacturer’s instructions and guidelines when using batteries to minimize the risk of explosions.

Inadequate safety measures, such as the absence of protective circuits or insufficient insulation, can also contribute to battery explosions. Manufacturers have a responsibility to ensure that their products are safe for consumer use and to implement appropriate safety features to prevent accidents.

Steps to take after a battery explosion incident

If you or someone you know has been involved in a battery explosion incident, it’s important to take certain steps to protect your rights and build a strong case. The first and most important step is to seek medical attention for any injuries sustained. Even if the injuries appear minor, it’s crucial to have a medical professional assess your condition and document any injuries.

Preserving evidence is also essential in a battery explosion lawsuit. Take photographs of the exploded battery, the device it was used in, and any injuries or property damage caused by the explosion. Keep any receipts, packaging, or documentation related to the battery and the device. It’s also important to gather contact information from any witnesses to the incident.

Identifying the responsible parties is another crucial step. In some cases, it may be clear that the manufacturer of the battery or the device is at fault. However, there may be other parties involved, such as distributors, retailers, or even other users who contributed to the explosion. An experienced attorney can help identify all the responsible parties and hold them accountable for their negligence.

Finding the right attorney for your battery explosion lawsuit

When it comes to navigating the complexities of a battery explosion lawsuit, having the right attorney by your side is crucial. Look for an attorney who specializes in product liability and has experience handling battery explosion cases. They should have a track record of success and a deep understanding of the legal principles and industry standards that apply to these cases.

It’s also important to consider the attorney’s resources and network of experts. Battery explosion lawsuits often require expert testimony to establish the cause of the explosion and prove the liability of the responsible parties. A well-connected attorney will have access to reputable experts in fields such as engineering and product safety, increasing the chances of a favorable outcome for your case.

Furthermore, choose an attorney who is dedicated to providing personalized attention and support throughout the legal process. Battery explosion lawsuits can be emotionally and physically taxing, and having an attorney who is responsive and compassionate can make a significant difference in your experience.

Gathering evidence for your battery explosion case

Evidence is the backbone of any successful battery explosion lawsuit. It’s important to gather as much evidence as possible to support your claims and establish the liability of the responsible parties. Start by preserving any physical evidence, such as the exploded battery, the device it was used in, and any other relevant objects or materials. Take photographs from multiple angles, ensuring that the details are clear and visible.

Medical records and reports are also crucial pieces of evidence in a battery explosion case. Make sure to obtain copies of all medical records related to the injuries you sustained as a result of the explosion. This includes medical bills, diagnostic tests, treatment plans, and any other documents that demonstrate the extent of your injuries and the associated costs.

Eyewitness testimony can be invaluable in establishing the cause of the explosion and the negligence of the responsible parties. If there were any witnesses to the incident, gather their contact information and request that they provide a detailed account of what they saw. Eyewitness testimony can help corroborate your version of events and strengthen your case.

The importance of expert witnesses in battery explosion lawsuits

Expert witnesses play a crucial role in battery explosion lawsuits. They can provide professional opinions and analysis based on their expertise in fields such as engineering, chemistry, and product safety. Their testimony can help establish a link between the defective product and the injuries suffered, making it more difficult for the responsible parties to deny liability.

Expert witnesses can help establish a direct link between the defective product and the injuries suffered, strengthening the case against the responsible parties. Their professional opinions and analysis carry significant weight in court, as they are considered unbiased and based on scientific principles.

When selecting an expert witness for your battery explosion lawsuit, it’s important to choose someone with the necessary qualifications and experience. Look for experts who have a deep understanding of battery technology, product safety standards, and the relevant industry regulations. Additionally, consider their track record as expert witnesses in previous cases and their ability to communicate complex concepts effectively.

The role of product liability in battery explosion cases

Product liability is a key legal theory in battery explosion cases, holding manufacturers and sellers responsible for the injuries caused by their defective products. Product liability laws vary from jurisdiction to jurisdiction, but they generally require proving that the product was defective, that the defect caused the injury, and that the product was being used as intended.

There are three main types of defects that can lead to product liability claims: manufacturing defects, design defects, and failure to warn. Manufacturing defects occur during the production process and result in a product that is different from the intended design, making it more prone to explode. Design defects, on the other hand, refer to inherent weaknesses or vulnerabilities in the battery’s design that make it more likely to explode under certain conditions. Failure to warn occurs when the manufacturer fails to provide adequate warnings or instructions about the potential dangers associated with using the product.

Proving product liability requires a thorough investigation and analysis of the product, its design, and the circumstances surrounding the explosion. This is where expert witnesses can play a crucial role, providing professional opinions and analysis based on their expertise in fields such as engineering, chemistry, and product safety.

Settlements vs. trials: weighing your options in a battery explosion lawsuit

When pursuing a battery explosion lawsuit, you will have two main options: reaching a settlement or going to trial. Each option has its own advantages and considerations, and the best course of action will depend on the specific circumstances of your case.

Settlements offer a quicker resolution and can provide certainty in terms of the compensation you will receive. They often involve negotiations between your attorney and the responsible parties, with the goal of reaching a mutually agreeable resolution. Settlements can save you the time, stress, and costs associated with a trial, allowing you to move forward with your life and focus on your recovery.

On the other hand, going to trial can provide the opportunity to present your case to a judge or jury and seek a favorable verdict. Trials can be more time-consuming and expensive than settlements, as they involve preparing evidence, presenting arguments, and undergoing the court process. However, trials can also lead to larger compensation awards and can send a message to the responsible parties that their actions will not be tolerated.

When deciding whether to pursue a settlement or go to trial, it’s important to consult with your attorney. They will be able to assess the strength of your case, the potential risks and rewards of each option, and guide you in making an informed decision.

Should You  Seek Legal Advice After a Lithium-Ion Battery Exploded or Caught Fire and Suffering Injuries?

In the event of an explosion involving a lithium-ion battery, it is imperative to promptly seek medical attention for any injuries sustained, including burns.

The next crucial step is to speak with a knowledgeable malfunctioning lithium-ion battery attorney. At The Aaron Herbert Law Firm, we’ll assist you in obtaining the financial resources required to get the best medical care and live the life of your dreams. There is a time limit on filing claims.

Obtain A Free Case Evaluation from board certified personal injury attorney Aaron Herbert or a member of his litigation team specializing in batter explosion injuries and cases.

Get in touch with the knowledgeable burn attorneys at The Aaron Herbert Law Firm LLP if you or a loved one has sustained injuries as a result of a lithium-ion battery exploding or catching fire.

One of the most popular kinds of rechargeable batteries available today is the lithium-ion battery. These high-energy batteries have literally and figuratively exploded into the market due to the growing popularity of smartphones, tablets, e-cigarettes, mini-music players, and more.

Batteries have to squeeze into progressively smaller places as consumers sought smaller devices. Eventually, that led to issues.

In 2016, allegations of exploding Samsung Galaxy 7 cellphones went viral, drawing attention from all across the world.

Airlines quickly outlawed phones on flights due to concerns that the gadgets might spontaneously catch fire. September 2016 saw the recall of some Galaxy 7s by Samsung.

In the meantime, throughout the past few years, media outlets have been inundated with instances of hoverboards, e-cigarettes, headphones, laptops, and other items catching fire.

There are some hazards associated with batteries for these goods, but the makers are aware of them and have the ability to reduce them during the design and production process. Instead, when manufacturers cut corners, bad things could happen.

You might be able to sue for damages if a lithium-ion battery explosion caused you or a loved one to suffer serious injuries.

  • Current Recalls of Lithium-Ion Batteries
  • Recall of Amazon Portable Power Banks: Fire and Burn Risk
  • HP Laptop/Notebook Battery Recall

A lithium-ion battery: what is it?

When generating power, lithium ions in a lithium-ion battery travel from the negative to the positive electrode and back again during recharging.

The soft, silvery alkali metal lithium has a wide range of applications. It is used in many industries, such as aviation and transportation, and is combined with aluminum and magnesium to form alloys.

In addition, it is utilized as lithium bromide in industrial drying systems and air conditioning systems, and to create specialty glass and glass ceramics. Lithium carbonate is used in medicine to treat manic depression.

Because it has a high electrochemical potential and is among the lightest elements in the periodic table, lithium is a good metal to employ in batteries. It has a large power output at low volumes.

The first lithium-ion battery was created in 1980, and Sony Corporation was the first to produce and market its version of the battery in 1991. This version of the battery represented an advancement over earlier attempts at development.

It soon became apparent that the enormous power produced by a small cell in these batteries could power a wide range of products.

These batteries were used in the development of numerous items, including e-cigarettes, computers, tablets, portable electric tools, toys, and e-bikes.

However, as manufacturers carried out further advancements that increased the batteries’ power output, they also had to contend with the problem that the batteries were growing more reactive.

What Causes Lithium-Ion Batteries to malfunction, burst, and catch fire?

While the majority of lithium-ion batteries function flawlessly, a few have exploded and caught fire in recent years, causing property damage as well as significant burns and other injuries to people.

Lithium-ion battery fires and explosions have been the subject of numerous product recalls and warnings, especially since the early 2000s.

These problems have also affected certain laptops, smartphones, cameras, hoverboards, and e-cigarettes. Lithium-ion battery export as cargo on passenger aircraft was outlawed by the International Civil Aviation Organization in 2016 due to the batteries’ reputation for being volatile.

However, lithium-ion batteries are widely available and might be considered the engine of the modern mobile world. The majority of them function well. But when they do break down, there are typically two main causes:

  1. The producer did not put in place the necessary precautions, or
  2. When the battery was included into the items, the manufacturer made faults.

Deficits in one of these two areas are the root cause of a large number of product recalls and difficulties.

The Key to Success: Navigating the Complexities of a Battery Explosion Lawsuit 11

Shortcuts in the Manufacturing of Li-Ion Batteries Cause Damage to Consumers

Lithium-ion batteries need several safety mechanisms to prevent overheating in order to function properly. Manufacturers run the danger of injuring customers if they don’t use these safety precautions.

Products need more power as technology develops, batteries need to fit into smaller spaces, and producers need to discover more cost-effective ways to make their materials.

This may occasionally result in quick cutbacks at the expense of security. The press has often included stories about cheap knockoff hoverboards starting flames.

A “separator” is a thin polypropylene piece positioned between the electrodes of a lithium-ion battery to prevent them from coming into contact.

The electrodes come into contact with one another if the separator malfunctions, which causes overheating.

As batteries are required to produce more power, designers have thinned out these separators to allow more room for reactive material—increasing the risk of short-circuiting if other precautions are not taken.

Some experts have blamed Samsung’s explosion problems on flawed separators.

Overcharging the battery can potentially result in a short circuit, which has the potential to explode. Manufacturers, therefore, need to be sure the chargers they’re selling packaged with their products provide a safe level of charge.

They must also warn consumers to use only the chargers that come with their products, rather than purchasing other, cheaper chargers that may be poorly made, and may create an accelerated recharge.

A production or manufacturing flaw, a lack of proper insulation, inadequate ventilation, and more can all create a dangerous battery. In addition, lithium-ion batteries are filled with a flammable substance that can explode when it gets too hot. And that substance is also mixed with a skin-burning compound. This design makes poorly designed lithium batteries potentially very dangerous.

The other issue is that once overheating is present, it tends to snowball. The flammable substance inside creates a “thermal runaway” situation that is difficult to stop.

Common Lithium-Ion Battery Questions

What is the difference between lithium batteries and lithium-ion batteries?

The main difference between these two batteries is that the lithium-ion battery is rechargeable, whereas the basic lithium battery is not. There are a number of other differences as well, including the following:

1) Lithium batteries (also called “lithium metal” batteries) offer a higher capacity with lithium-ion batteries

2) Lithium batteries use lithium metal in its metallic form, while lithium-ion batteries use lithium compounds like lithium cobalt dioxide or lithium manganese oxide along with other materials

3) Lithium batteries typically last longer than lithium-ion batteries

What are the advantages of lithium-ion batteries compared to other rechargeable batteries?

Lithium-ion batteries have become popular because they can store a lot of energy in a small, light space. This makes them perfect for today’s ever-shrinking technological gadgets. They provide higher voltages than other rechargeable batteries, delivering more power when needed, and discharge more slowly.

Are lithium-ion batteries allowed on airplanes?

The Federal Aviation Administration (FAA) states that lithium-ion batteries in gadgets like cell phones, laptops, tablets, and headphones are allowed in carry-on baggage. When Samsung Galaxy 7 phones were exploding, there was a time when the airlines required all Samsung devices to be turned off in the cabin. After Samsung updated their batteries, these phones were allowed to be used on flights again. The airlines also allow all these batteries in checked baggage, as long as they are installed in the gadgets. Extra, uninstalled lithium-ion batteries, including spare battery packs, are not allowed. Electronic cigarettes and vaporizers are also prohibited in checked baggage.

Proper disposal of a lithium-ion battery?

When you are finished with any device that contains a lithium-ion battery, it’s recommended that you recycle that device. Most places that sell the batteries will accept them back for recycling. Never burn the devices or the batteries as they could explode.

Are lithium-ion batteries safe to use?

Most lithium-ion batteries are safe. Millions of them are used every day in all types of technological gadgets without incident. Those that do cause problems are in the minority, and the problems can usually be traced back to a defective design or a manufacturing problem.

Do lithium-ion batteries explode in the heat?

Temperature can affect battery performance. Cold temperatures, for example, can slightly drop a battery’s capacity, potentially slowing the device’s response. It can also limit the charge rate. Hot temperatures, on the other hand, can increase degradation of the electrodes in the battery, which could limit its ability to store energy and shorten its life.

A lithium-ion battery prefers normal temperatures of about 50 degrees to 85 degrees Fahrenheit. But the battery should not explode in standard high temperatures, such as those encountered during everyday life. It is designed to perform correctly under normal living conditions, and if it explodes, it’s usually because of a short-circuit inside the battery

Some Products Associated with Exploding Lithium-Ion Batteries

Many of the product problems and recalls are caused by deficiencies in one of these two areas.

Cellphones / Smartphones

The Key to Success: Navigating the Complexities of a Battery Explosion Lawsuit 13

Samsung recalled 2.5 million Galaxy Note 7 smartphones because of exploding batteries in September 2016. In one instance, a woman was holding the device in her hand when it started pouring out smoke. A man filed a lawsuit against the company after a phone exploded in his pocket, burning his leg.

Laptops / Notebooks

The Key to Success: Navigating the Complexities of a Battery Explosion Lawsuit 15

Sony recalled 9.6 million computer batteries in 2006 because of explosion risks. The company noted that faulty manufacturing had resulted in tiny shards of metal contaminating the inside of the batteries. About half of the batteries went into Dell computers. In January 2017, HP recalled about 100,000 lithium-ion batteries used in their laptops because of fire and burn hazards. And in February 2017, NBC News reported on yet another Dell computer exploding while it was charging.

E-Cigarettes

The Key to Success: Navigating the Complexities of a Battery Explosion Lawsuit 17

Consumers have reported these devices exploding during use and even when not in use. An Alabama man, for example, sat down to eat breakfast at a friend’s house when his e-cigarette device suddenly exploded in his pocket. 

The device welded to his leg, causing second-and third-degree burns. Because these devices are cylindrical, pressure can build up quickly inside them, and those that explode can become projectiles.

Hoverboards

The Key to Success: Navigating the Complexities of a Battery Explosion Lawsuit 19

In January 2016, ten companies recalled about 500,000 self-balancing hoverboards/scooters because of fire hazards. All were manufactured in China. The U.S. Consumer Product Safety Commission (CPSC) noted that at least 99 incident reports of the batteries exploding had been received, with reports of burn injuries and property damage. In a tragic hoverboard explosion-related fire in Harrisburg, PA, two young girls were killed. Other recalls followed in 2017.

Headphones

In 2017, a woman flying to Melbourne from Beijing fell asleep while wearing noise-canceling headphones. She woke to sounds of an explosion and found that the battery in the headphones had burst into flames. She suffered from serious burns on her face and hair.

iPhone Lithium-Ion Battery Issues

The Apple iPhone has also experienced lithium-ion battery issues, but so far, there have not been reports of explosions. Instead, because of expected battery degradation over time, the company created an update that automatically slowed down older iPhones.

The update was uploaded automatically into consumers’ phones without their knowledge, after which the devices would operate more slowly in times of high-power requirements.

Many confused customers felt they had to buy a new phone because of the slow-down, when they could have simply bought a new battery.

Apple admitted to keeping their customers in the dark, and apologized. They explained that over time, lithium-ion batteries become less capable of handling performance peaks, during which they could suddenly shut down.

They issued the update to prevent these shutdowns, but failed to warn consumers about what they were doing, preventing them from choosing more economical solutions. The company now faces a number of lithium-ion battery lawsuits because of the slow-down issue.

Other products powered by these batteries have been associated with overheating and explosions. The batteries have been blamed, for example, for at least two fires in Tesla’s electric cars.

Types of Injuries Associated with Lithium-Ion Batteries

An exploding or burning battery can cause all kinds of property damage. It can also cause serious injuries to the person using the product, to those standing nearby, and to those in the vicinity of any resulting fire.  Such injuries include:

  • Pain
  • Serious burns
  • Scarring and disfigurement
  • Hearing and vision loss
  • Loss of teeth and/or tongue
  • Burned throat and esophagus
  • Lasting disability
  • Death

What Should I Do if My Battery Catches Fire?

First of all, be aware of the warning signs. If your battery starts to feel extremely hot, or the device swells or develops a bulge, realize that your battery may be malfunctioning. If it starts hissing or making other noises, a reaction could already be starting.

At this point, it’s important not to touch the unit with your bare hands, as you could suffer from harmful chemical burns. Use a pair or tongs, leather gloves, flame-retardant gloves, or even an oven mitt (anything but bare hands) to unplug the unit and turn it off. Being wary not to jostle it, put it in an isolated area away from anything flammable—an empty metal box, on clear concrete, or on a stone surface is best. Then contact your dealer for directions on how to proceed. 

If the device catches fire, call your fire department immediately. They respond to situations like this so there is no reason to hesitate. At that point, the best thing you can do is get the gadget to a safe place and let it burn out. (Most household fire extinguishers are not designed for this type of chemical fire.) Again, look for a non-flammable surface like a sidewalk or concrete driveway, outside, preferably.  

Let the fire burn out and caution everyone to stand clear. Realize that even after the fire burns out the device could still explode.  Keep your distance and wear protective eye wear. Understand that the device may re-ignite even after 10 minutes, so do not take it back inside.

If you notice gas or flames, cover your mouth and nose, or simply get away from the device. These fires create toxic fumes that you do not want to breathe, so make sure to instruct other people to clear the area, and get your pets away, too. Pregnant women especially should get clear of the fumes, and Moms need to take any small children completely out of the house or building.

I Was Burned by a Lithium-Ion Battery, What Do I Do?

If your battery blew up and you were burned in the incident, take the following two steps immediately.

  • Get Medical Treatment

Even if you think your injuries are minor, it’s important you see a doctor for them right away. Lithium-ion battery burns can be deceiving as to their severity, and the toxic chemicals involved create unique risks for injuries and skin damage. You need to be sure you take every step necessary to protect yourself. It’s also important to have a medical record of your injuries, should you decide to file an exploding battery lawsuit in the future. If you fail to get immediate medical attention, it could look to a judge or jury that your injuries were not serious enough to warrant attention.

  • Collect Evidence

As early as possible, collect evidence from the incident. Do not throw the battery or device away, but keep it stored in a safe place. Take pictures of the damaged gadget, and of any other related property damage. Note the location of the fire or explosion, and take pictures of any injuries suffered by you or others who were nearby. Jot down notes about exactly what happened and when, before your memory fades. Include the date, time, and location of the fire. Get a copy of the incident report from your fire department, and a copy of your medical records from your doctors’ visits.

  • Contact an Experienced Lithium-Ion Burn Lawyer

Companies are responsible for making sure that their devices are safe. If you suffered from serious injuries because of a lithium-ion battery fire or explosion, you deserve to be compensated for your losses. The financial burden of medical expenses, lost wages, and property damage should not be yours or your family’s to carry. It’s important that you find an experienced lithium-ion battery burn attorney with extensive knowledge of product liability that will look out for your best interests. An individual with experience in personal-injury law with a thorough knowledge of lithium-ion batteries and their potential defects is your smartest choice.

Do I Have a Case?

You may wonder if the lithium-ion battery fire or explosion was your fault, somehow. Did you do something wrong when using it or charging it? Did you ask too much of the power supply? Did you store it incorrectly?

Companies are responsible for making sure their products are safe for you to use. If something went wrong, it could be that the company was at fault, but how can you know for sure?

Your best option is to contact a lithium-ion fire attorney for a free consultation. He or she can examine the facts of your case, and help you determine if it would be worthwhile to pursue a lawsuit in court.

Meanwhile, ask yourself the following questions:

  • Were you hurt seriously enough to have to go to the doctor’s office or the hospital?
  • Did you have to go through surgery or another similar medical procedure as treatment?
  • Did you suffer from significant property damage?
  • Were you using the gadget normally when the lithium-ion explosion or fire occurred?
  • Did the incident involve other people or property belonging to other individuals?

Was a child hurt by the incident?

If you answered “yes” to even one of these questions, you may be eligible to file a lithium-ion battery burn lawsuit and should contact an experienced lithium-ion battery burn lawyer immediately.

What is My Case Worth?

If you’re considering filing a lithium-ion battery fire lawsuit, you may wonder if it’s worth it. Will you receive enough in compensation to cover your losses? Will the time and energy involved produce the returns you’re hoping for?

These questions can be difficult to answer before a thorough legal investigation into the case. An experienced lithium-ion battery explosion lawyer will look at all the evidence you have, and will do an additional investigation into the gadget you were using and the particular battery associated with that gadget. It could be that the manufacturers received reports of other incidences similar to yours, and failed to respond adequately to protect public safety.

Your losses also need to be calculated, and these usually include not only your medical expenses, but your property damage, lost wages, pain and suffering, and any future medical care you may need. If you lost someone close to you in the accident (loss of consortium), that’s another factor that can increase the complexity of a case.

Your lithium-ion battery fire attorney must also determine what the defendants are claiming, and what evidence they may have supporting their position. It takes time to get all the facts together, but after a thorough investigation, your lawyer will be able to provide you with more information.

How Much Will My Case Cost?

As a plaintiff in a lithium-ion battery burn lawsuit working with The Aaron Herbert Law Firm, you will not owe any money up front. We work on contingency, which means that we don’t recover money unless you do. If you are awarded compensation in a settlement agreement or in an actual trial, your lithium-ion battery fire attorney will get a percentage of that award to pay for attorney’s costs.

When you go for your initial free consultation with a lithium-ion battery burn lawyer, he or she will help explain the percentages so you can understand exactly how much of any legal award you may receive.

Important Lithium-Ion Battery Regulations

There are a number of regulations in place concerning lithium-ion batteries to help protect public safety. These can be helpful in case of a lithium-ion battery explosion lawsuit, as they make it clear that the manufacturer is responsible for creating a safe product.

Each battery must have a “battery management system,” for example, that ensures it does not overheat. These types of systems should balance the cells in the battery, make sure the current stays under safe limits, and that the battery stays within its ideal operational voltage.

Each battery must also pass a number of tests to ensure that it’s safe to ship both domestically and internationally, and that it can withstand typical shipping conditions, like high altitudes and temperature variations.

One regulation was put into place specifically to make sure that lithium-ion batteries are safely designed. The batteries must pass tests ensuring that they can withstand vibration, heating, impacts, and even crushing without reacting dangerously. The tests are also meant to ensure the devices don’t short-circuit or charge abnormally.

It’s clear from these regulations that by the time a lithium-ion battery arrives on the market, it should have passed a number of safety tests to ensure that it won’t react in an unsafe manner during regular use or transport. Those batteries that still catch on fire or explode are therefore highly suspect of being defective batteries.

Conclusion: Seeking justice and compensation for battery explosion victims

Battery explosions can have catastrophic consequences, causing severe injuries, property damage, and even loss of life. Understanding how and why these explosions occur is essential in building a strong case. Battery explosions can be a result of various factors, such as manufacturing defects, design flaws, or improper use. It’s important to determine the cause of the explosion to hold the responsible party accountable.

When a battery explosion occurs, it can have far-reaching implications for the victims. Physical injuries, such as burns, cuts, and respiratory problems, are common among those involved in battery explosion incidents. Furthermore, victims may suffer from psychological trauma, financial losses, and a significant impact on their overall quality of life. Seeking legal recourse is crucial in order to obtain justice and appropriate compensation for these damages.

Navigating a battery explosion lawsuit requires a thorough understanding of the legal landscape and the relevant laws that apply. It’s important to work with an attorney who specializes in this area of law and has experience in handling similar cases. By partnering with a knowledgeable legal professional, you can ensure that your rights are protected and that you have the best chance of achieving a successful outcome.

Posted by Aaron Herbert at 3:43 pm

Seeking Justice: How Battery Explosion Lawsuits are Handled in Texas

Saturday, January 6, 2024

Free vector realistic battery background

When it comes to battery explosions, seeking justice is of utmost importance. In Texas, the handling of battery explosion lawsuits is a crucial process that aims to protect consumers and hold manufacturers accountable. In this article, we will explore how these lawsuits are handled in Texas, shedding light on the legal procedures and considerations involved.

Battery explosions can have devastating consequences, causing severe injuries, property damage, and even loss of life. Those affected by such incidents often face physical, emotional, and financial hardships. Understanding the legal framework surrounding battery explosion lawsuits is essential for both victims and manufacturers.

In Texas, the legal process for battery explosion lawsuits involves filing a complaint, investigating the incident, identifying liable parties, and proving negligence or product defects. Attorneys specializing in personal injury law play a vital role in guiding plaintiffs throughout the litigation process, ensuring their rights are protected and seeking fair compensation for the damages suffered.

In this article, we will delve deeper into the specific steps involved in handling battery explosion lawsuits in Texas, providing valuable insights into the legal intricacies and potential outcomes.

Seeking justice and holding manufacturers accountable is paramount when dealing with battery explosion lawsuits. Let’s explore how these matters are handled in Texas.

Common causes of battery explosions

Several factors can contribute to battery explosions, making it important to identify the root causes in order to hold the responsible parties accountable. Some common causes of battery explosions include:

1. Manufacturing defects: Poor quality control during the manufacturing process can lead to faulty batteries that are prone to explosions. Defects such as short circuits, faulty seals, or inadequate insulation can increase the risk of a battery explosion.

2. Design flaws: Inadequate design or engineering of batteries can lead to unstable chemical reactions or insufficient heat dissipation, increasing the likelihood of an explosion. Design flaws can include inadequate safety mechanisms or improper sizing of components.

3. Overcharging or improper use: Overcharging a battery or using it in ways not recommended by the manufacturer can cause excessive heat buildup, leading to a potential explosion. Ignoring safety guidelines and using incompatible charging devices or accessories can also contribute to battery failures.

4. Manufacturing errors: Mistakes made during the assembly or installation of batteries can compromise their integrity and increase the risk of explosions. Incorrect wiring, improper installation of protective components, or using substandard materials can all lead to battery failures.

Identifying the specific cause of a battery explosion is crucial for establishing liability and pursuing legal action against the responsible parties.

Battery explosion lawsuits in Texas

In Texas, battery explosion lawsuits are governed by personal injury laws and product liability laws. These laws provide a legal framework for victims to seek compensation for their injuries, property damage, and other losses resulting from battery explosions. Understanding the legal requirements and procedures involved is crucial for those seeking justice in Texas.

To initiate a battery explosion lawsuit in Texas, the first step is to file a complaint in the appropriate court. The complaint should provide a detailed account of the incident, the damages suffered, and the legal basis for the lawsuit. It is important to consult with an experienced personal injury attorney who can guide plaintiffs through this process and ensure that all necessary information is included in the complaint.

Once the complaint is filed, the next step is to investigate the battery explosion incident. This involves gathering evidence, conducting interviews, and consulting experts to determine the cause of the explosion and identify any liable parties. It is important to document any injuries, property damage, or other losses resulting from the battery explosion to support the legal claims.

Steps to take after a battery explosion incident

After a battery explosion incident, it is crucial to take immediate action to protect your rights and potential legal claims. Here are some important steps to consider:

1. Seek medical attention: The safety and well-being of individuals affected by a battery explosion should be the top priority. Seek medical attention for any injuries sustained, even if they appear minor at first. Some injuries may have delayed symptoms or complications that may not be immediately apparent.

2. Preserve evidence: Document the scene of the battery explosion and preserve any evidence that may be relevant to your case. This includes taking photographs, collecting any faulty or damaged batteries, and saving any documents or receipts related to the incident.

3. Report the incident: Contact the appropriate authorities, such as local law enforcement or regulatory agencies, to report the battery explosion incident. This can help establish an official record of the incident and may be required for legal purposes.

4. Keep records: Maintain detailed records of all medical treatments, expenses, property damage, and other losses resulting from the battery explosion. These records will be crucial in establishing the extent of your damages and supporting your legal claims.

Finding the right attorney for a battery explosion lawsuit

When pursuing a battery explosion lawsuit in Texas, finding the right attorney is essential for maximizing your chances of success. Here are some key factors to consider when selecting an attorney:

1. Experience: Look for an attorney who specializes in personal injury law and has experience handling battery explosion cases. An experienced attorney will have the necessary knowledge and expertise to navigate the legal complexities and build a strong case on your behalf.

2. Track record: Research the attorney’s track record of success in handling personal injury cases, particularly battery explosion lawsuits. Look for testimonials, case results, or any recognition they may have received in the legal community.

3. Resources: Consider the resources available to the attorney and their law firm. A well-equipped firm will have access to expert witnesses, investigative resources, and the financial means to handle complex litigation.

4. Communication: Choose an attorney who is responsive and communicates effectively. You should feel comfortable discussing your case with them and confident that they will keep you informed throughout the legal process.

Taking the time to find the right attorney can significantly impact the outcome of your battery explosion lawsuit.

The legal process for battery explosion lawsuits in Texas

Once the complaint is filed and the investigation is complete, the legal process for battery explosion lawsuits in Texas typically involves the following steps:

1. Discovery: Both parties exchange information and evidence relevant to the case through a process called discovery. This includes documents, witness statements, expert reports, and any other evidence that may support or refute the claims made.

2. Negotiation and settlement: In some cases, the parties may engage in negotiations to reach a settlement before going to trial. This allows for a potentially quicker resolution and avoids the uncertainty and expenses associated with a trial.

3. Trial: If a settlement cannot be reached, the case may proceed to trial. During the trial, both parties present their arguments, evidence, and witnesses to a judge or jury who will determine liability and damages.

4. Appeals: If either party is dissatisfied with the outcome of the trial, they may choose to appeal the decision to a higher court. The appeals process focuses on legal errors made during the trial rather than reevaluating the facts of the case.

The duration and complexity of the legal process can vary depending on the specific circumstances of each case. It is important to consult with an attorney who can provide guidance and support throughout the entire process.

Compensation for battery explosion victims

Victims of battery explosions in Texas may be entitled to various forms of compensation for their losses. Depending on the circumstances of the case, compensation may include:

– Medical expenses: Reimbursement for past and future medical treatments, surgeries, therapy, medications, and other healthcare costs resulting from the battery explosion.

– Lost wages: Compensation for any income lost due to the victim’s inability to work as a result of the battery explosion injuries.

– Property damage: Reimbursement for the repair or replacement of damaged property, such as electronics, vehicles, or other personal belongings.

– Pain and suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life caused by the battery explosion incident.

– Punitive damages: In cases where the defendant’s conduct is deemed particularly reckless or egregious, the court may award punitive damages to punish the defendant and deter similar behavior in the future.

Determining the appropriate amount of compensation in battery explosion cases can be complex and requires a thorough assessment of the victim’s damages. An experienced personal injury attorney can help evaluate the extent of the damages and advocate for fair compensation on behalf of the victim.

Recent battery explosion cases in Texas

Several high-profile battery explosion cases have emerged in Texas in recent years, highlighting the need for proper legal representation and the importance of holding manufacturers accountable. These cases have resulted in significant settlements and verdicts, providing justice and compensation for the victims and their families.

One such case involved a battery explosion in a popular smartphone, causing severe burns and injuries to the user. The victim filed a lawsuit against the smartphone manufacturer, alleging negligence in the design and manufacturing of the battery. After a lengthy legal battle, the case was settled for a substantial amount, providing the victim with compensation for medical expenses, pain and suffering, and other damages.

Another notable case involved a battery explosion in an electric vehicle, resulting in a fire that caused extensive property damage. The vehicle owner filed a lawsuit against the manufacturer, claiming that the battery pack was defectively designed and prone to explosions. The case went to trial, and the jury awarded the victim a significant verdict, holding the manufacturer accountable for the damages caused by the battery explosion.

These recent cases serve as a reminder of the importance of seeking legal recourse and the potential for victims to obtain fair compensation through battery explosion lawsuits in Texas.

Preventing battery explosions and staying safe

While seeking justice through legal means is crucial, prevention is always the best course of action. To minimize the risk of battery explosions, it is important to follow safety guidelines and take appropriate precautions:

1. Use authorized chargers and accessories: Stick to the chargers and accessories recommended by the manufacturer of your device. Using unauthorized chargers or accessories can increase the risk of battery failures.

2. Avoid overcharging: Do not leave batteries charging unattended for extended periods and avoid overcharging them. Overcharging can cause excessive heat buildup and increase the risk of explosions.

3. Store batteries properly: When not in use, store batteries in a cool and dry place, away from direct sunlight or heat sources. Storing batteries in extreme temperatures can compromise their integrity and increase the risk of explosions.

4. Dispose of batteries safely: Properly dispose of old or damaged batteries according to local regulations. Do not throw batteries in regular trash bins, as they can pose a risk of fire or explosion.

5. Stay informed: Stay up to date with product recalls and safety warnings issued by manufacturers or regulatory agencies. Being aware of potential risks and taking appropriate action can help prevent battery explosions.

By taking these preventive measures, individuals can minimize the risk of battery explosions and protect their safety.

Photo disc shaped alien spaceship

Should You  Seek Legal Advice After a Lithium-Ion Battery Exploded or Caught Fire and Suffering Injuries?

In the event of an explosion involving a lithium-ion battery, it is imperative to promptly seek medical attention for any injuries sustained, including burns.

The next crucial step is to speak with a knowledgeable malfunctioning lithium-ion battery attorney. At The Aaron Herbert Law Firm, we’ll assist you in obtaining the financial resources required to get the best medical care and live the life of your dreams. There is a time limit on filing claims.

Obtain A Free Case Evaluation from board certified personal injury attorney Aaron Herbert or a member of his litigation team specializing in batter explosion injuries and cases.

Get in touch with the knowledgeable burn attorneys at The Aaron Herbert Law Firm LLP if you or a loved one has sustained injuries as a result of a lithium-ion battery exploding or catching fire.

One of the most popular kinds of rechargeable batteries available today is the lithium-ion battery. These high-energy batteries have literally and figuratively exploded into the market due to the growing popularity of smartphones, tablets, e-cigarettes, mini-music players, and more.

Batteries have to squeeze into progressively smaller places as consumers sought smaller devices. Eventually, that led to issues.

In 2016, allegations of exploding Samsung Galaxy 7 cellphones went viral, drawing attention from all across the world.

Airlines quickly outlawed phones on flights due to concerns that the gadgets might spontaneously catch fire. September 2016 saw the recall of some Galaxy 7s by Samsung.

In the meantime, throughout the past few years, media outlets have been inundated with instances of hoverboards, e-cigarettes, headphones, laptops, and other items catching fire.

There are some hazards associated with batteries for these goods, but the makers are aware of them and have the ability to reduce them during the design and production process. Instead, when manufacturers cut corners, bad things could happen.

You might be able to sue for damages if a lithium-ion battery explosion caused you or a loved one to suffer serious injuries.

  • Current Recalls of Lithium-Ion Batteries
  • Recall of Amazon Portable Power Banks: Fire and Burn Risk
  • HP Laptop/Notebook Battery Recall

A lithium-ion battery: what is it?

When generating power, lithium ions in a lithium-ion battery travel from the negative to the positive electrode and back again during recharging.

The soft, silvery alkali metal lithium has a wide range of applications. It is used in many industries, such as aviation and transportation, and is combined with aluminum and magnesium to form alloys.

In addition, it is utilized as lithium bromide in industrial drying systems and air conditioning systems, and to create specialty glass and glass ceramics. Lithium carbonate is used in medicine to treat manic depression.

Because it has a high electrochemical potential and is among the lightest elements in the periodic table, lithium is a good metal to employ in batteries. It has a large power output at low volumes.

The first lithium-ion battery was created in 1980, and Sony Corporation was the first to produce and market its version of the battery in 1991. This version of the battery represented an advancement over earlier attempts at development.

It soon became apparent that the enormous power produced by a small cell in these batteries could power a wide range of products.

These batteries were used in the development of numerous items, including e-cigarettes, computers, tablets, portable electric tools, toys, and e-bikes.

However, as manufacturers carried out further advancements that increased the batteries’ power output, they also had to contend with the problem that the batteries were growing more reactive.

What Causes Lithium-Ion Batteries to malfunction, burst, and catch fire?

While the majority of lithium-ion batteries function flawlessly, a few have exploded and caught fire in recent years, causing property damage as well as significant burns and other injuries to people.

Lithium-ion battery fires and explosions have been the subject of numerous product recalls and warnings, especially since the early 2000s.

These problems have also affected certain laptops, smartphones, cameras, hoverboards, and e-cigarettes. Lithium-ion battery export as cargo on passenger aircraft was outlawed by the International Civil Aviation Organization in 2016 due to the batteries’ reputation for being volatile.

However, lithium-ion batteries are widely available and might be considered the engine of the modern mobile world. The majority of them function well. But when they do break down, there are typically two main causes:

  1. The producer did not put in place the necessary precautions, or
  2. When the battery was included into the items, the manufacturer made faults.

Deficits in one of these two areas are the root cause of a large number of product recalls and difficulties.

Shortcuts in the Manufacturing of Li-Ion Batteries Cause Damage to Consumers

Lithium-ion batteries need several safety mechanisms to prevent overheating in order to function properly. Manufacturers run the danger of injuring customers if they don’t use these safety precautions.

Products need more power as technology develops, batteries need to fit into smaller spaces, and producers need to discover more cost-effective ways to make their materials.

This may occasionally result in quick cutbacks at the expense of security. The press has often included stories about cheap knockoff hoverboards starting flames.

A “separator” is a thin polypropylene piece positioned between the electrodes of a lithium-ion battery to prevent them from coming into contact.

The electrodes come into contact with one another if the separator malfunctions, which causes overheating.

As batteries are required to produce more power, designers have thinned out these separators to allow more room for reactive material—increasing the risk of short-circuiting if other precautions are not taken.

Some experts have blamed Samsung’s explosion problems on flawed separators.

Overcharging the battery can potentially result in a short circuit, which has the potential to explode. Manufacturers, therefore, need to be sure the chargers they’re selling packaged with their products provide a safe level of charge.

They must also warn consumers to use only the chargers that come with their products, rather than purchasing other, cheaper chargers that may be poorly made, and may create an accelerated recharge.

A production or manufacturing flaw, a lack of proper insulation, inadequate ventilation, and more can all create a dangerous battery. In addition, lithium-ion batteries are filled with a flammable substance that can explode when it gets too hot. And that substance is also mixed with a skin-burning compound. This design makes poorly designed lithium batteries potentially very dangerous.

The other issue is that once overheating is present, it tends to snowball. The flammable substance inside creates a “thermal runaway” situation that is difficult to stop.

Common Lithium-Ion Battery Questions

What are the advantages of lithium-ion batteries compared to other rechargeable batteries?

Lithium-ion batteries have become popular because they can store a lot of energy in a small, light space. This makes them perfect for today’s ever-shrinking technological gadgets. They provide higher voltages than other rechargeable batteries, delivering more power when needed, and discharge more slowly.

Are lithium-ion batteries allowed on airplanes?

The Federal Aviation Administration (FAA) states that lithium-ion batteries in gadgets like cell phones, laptops, tablets, and headphones are allowed in carry-on baggage. When Samsung Galaxy 7 phones were exploding, there was a time when the airlines required all Samsung devices to be turned off in the cabin. After Samsung updated their batteries, these phones were allowed to be used on flights again. The airlines also allow all these batteries in checked baggage, as long as they are installed in the gadgets. Extra, uninstalled lithium-ion batteries, including spare battery packs, are not allowed. Electronic cigarettes and vaporizers are also prohibited in checked baggage.

Proper disposal of a lithium-ion battery?

When you are finished with any device that contains a lithium-ion battery, it’s recommended that you recycle that device. Most places that sell the batteries will accept them back for recycling. Never burn the devices or the batteries as they could explode.

Are lithium-ion batteries safe to use?

Most lithium-ion batteries are safe. Millions of them are used every day in all types of technological gadgets without incident. Those that do cause problems are in the minority, and the problems can usually be traced back to a defective design or a manufacturing problem.

Do lithium-ion batteries explode in the heat?

Temperature can affect battery performance. Cold temperatures, for example, can slightly drop a battery’s capacity, potentially slowing the device’s response. It can also limit the charge rate. Hot temperatures, on the other hand, can increase degradation of the electrodes in the battery, which could limit its ability to store energy and shorten its life.

A lithium-ion battery prefers normal temperatures of about 50 degrees to 85 degrees Fahrenheit. But the battery should not explode in standard high temperatures, such as those encountered during everyday life. It is designed to perform correctly under normal living conditions, and if it explodes, it’s usually because of a short-circuit inside the battery.

Some Products Associated with Exploding Lithium-Ion Batteries

Free vector smartphone lock screen with hot air balloon on landscape background. mobile phone onboard page with date and time, digital cosmic wallpapers for cellphone device, cartoon user interface design set

Cellphones / Smartphones

Samsung recalled 2.5 million Galaxy Note 7 smartphones because of exploding batteries in September 2016. In one instance, a woman was holding the device in her hand when it started pouring out smoke. A man filed a lawsuit against the company after a phone exploded in his pocket, burning his leg.

Free PSD laptop mock up

Laptops / Notebooks

Sony recalled 9.6 million computer batteries in 2006 because of explosion risks. The company noted that faulty manufacturing had resulted in tiny shards of metal contaminating the inside of the batteries. About half of the batteries went into Dell computers. In January 2017, HP recalled about 100,000 lithium-ion batteries used in their laptops because of fire and burn hazards. And in February 2017, NBC News reported on yet another Dell computer exploding while it was charging.

Free photo dripper in one hand making a cloud of fume

E-Cigarettes

Consumers have reported these devices exploding during use and even when not in use. An Alabama man, for example, sat down to eat breakfast at a friend’s house when his e-cigarette device suddenly exploded in his pocket. 

The device welded to his leg, causing second-and third-degree burns. Because these devices are cylindrical, pressure can build up quickly inside them, and those that explode can become projectiles.

Free vector vector set of white and dark blue gyroscopes or hoverboards close up isolated on background

Hoverboards

In January 2016, ten companies recalled about 500,000 self-balancing hoverboards/scooters because of fire hazards. All were manufactured in China. The U.S. Consumer Product Safety Commission (CPSC) noted that at least 99 incident reports of the batteries exploding had been received, with reports of burn injuries and property damage. In a tragic hoverboard explosion-related fire in Harrisburg, PA, two young girls were killed. Other recalls followed in 2017.

Headphones

In 2017, a woman flying to Melbourne from Beijing fell asleep while wearing noise-canceling headphones. She woke to sounds of an explosion and found that the battery in the headphones had burst into flames. She suffered from serious burns on her face and hair.

iPhone Lithium-Ion Battery Issues

The Apple iPhone has also experienced lithium-ion battery issues, but so far, there have not been reports of explosions. Instead, because of expected battery degradation over time, the company created an update that automatically slowed down older iPhones.

The update was uploaded automatically into consumers’ phones without their knowledge, after which the devices would operate more slowly in times of high-power requirements.

Many confused customers felt they had to buy a new phone because of the slow-down, when they could have simply bought a new battery.

Apple admitted to keeping their customers in the dark, and apologized. They explained that over time, lithium-ion batteries become less capable of handling performance peaks, during which they could suddenly shut down.

They issued the update to prevent these shutdowns, but failed to warn consumers about what they were doing, preventing them from choosing more economical solutions. The company now faces a number of lithium-ion battery lawsuits because of the slow-down issue.

Other products powered by these batteries have been associated with overheating and explosions. The batteries have been blamed, for example, for at least two fires in Tesla’s electric cars.

Types of Injuries Associated with Lithium-Ion Batteries

An exploding or burning battery can cause all kinds of property damage. It can also cause serious injuries to the person using the product, to those standing nearby, and to those in the vicinity of any resulting fire.  Such injuries include:

  • Pain
  • Serious burns
  • Scarring and disfigurement
  • Hearing and vision loss
  • Loss of teeth and/or tongue
  • Burned throat and esophagus
  • Lasting disability
  • Death

What Should I Do if My Battery Catches Fire?

First of all, be aware of the warning signs. If your battery starts to feel extremely hot, or the device swells or develops a bulge, realize that your battery may be malfunctioning. If it starts hissing or making other noises, a reaction could already be starting.

At this point, it’s important not to touch the unit with your bare hands, as you could suffer from harmful chemical burns. Use a pair or tongs, leather gloves, flame-retardant gloves, or even an oven mitt (anything but bare hands) to unplug the unit and turn it off. Being wary not to jostle it, put it in an isolated area away from anything flammable—an empty metal box, on clear concrete, or on a stone surface is best. Then contact your dealer for directions on how to proceed. 

If you notice that your gadget (phone, laptop, e-cigarette, etc.) is smoking:

  • Quickly clear the surrounding area of anything else that may catch fire,
  • Unplug and turn off the unit as noted above, and 
  • Then get it to a non-flammable surface and stay away from it. 
  • Once it calms down, contact your dealer for instructions. Be wary of handling it as it could still be vulnerable to a reaction.

If the device catches fire, call your fire department immediately. They respond to situations like this so there is no reason to hesitate. At that point, the best thing you can do is get the gadget to a safe place and let it burn out. (Most household fire extinguishers are not designed for this type of chemical fire.) Again, look for a non-flammable surface like a sidewalk or concrete driveway, outside, preferably.  

Let the fire burn out and caution everyone to stand clear. Realize that even after the fire burns out the device could still explode.  Keep your distance and wear protective eye wear. Understand that the device may re-ignite even after 10 minutes, so do not take it back inside.

If you notice gas or flames, cover your mouth and nose, or simply get away from the device. These fires create toxic fumes that you do not want to breathe, so make sure to instruct other people to clear the area, and get your pets away, too. Pregnant women especially should get clear of the fumes, and Moms need to take any small children completely out of the house or building.

Conclusion

Battery explosions are catastrophic incidents that can occur in various settings, from consumer electronics to industrial machinery. These explosions are often caused by factors such as faulty design, manufacturing defects, improper use, or inadequate safety measures. It is crucial to understand the mechanics behind battery explosions to effectively navigate the legal landscape.

Battery explosions typically result from a combination of factors, including the release of flammable materials, excessive heat buildup, and the rapid release of energy stored within the battery. This sudden release of energy can cause the battery to rupture, leading to an explosion or fire. Understanding the science behind battery explosions is essential for determining liability and establishing negligence in legal proceedings.

Posted by Aaron Herbert at 6:00 am

When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment

Friday, January 5, 2024
When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment 27

When it comes to handling heavy machinery, safety should always be the top priority. Unfortunately, accidents can still occur due to faulty equipment, leading to severe injuries and even death. In such cases, those affected may have the right to file an injury lawsuit against the responsible parties.

In this article, we will delve into the world of injury lawsuits caused by faulty equipment, exploring the legal aspects, challenges, and potential compensations that individuals could pursue. Whether it’s a malfunctioning industrial machine, a defective vehicle component, or a faulty tool, we will examine the various scenarios where machines fail and the legal consequences that follow.

From examining product liability laws to understanding the burden of proof, we will provide insights and guidance on how to navigate the complexities of these lawsuits. Additionally, we will shed light on the importance of gathering evidence, consulting with legal experts, and discussing your case with experienced injury lawyers.

Stay tuned as we unravel the intricacies of injury lawsuits caused by faulty equipment, helping you understand your rights and seek appropriate legal remedies.

Understanding product liability in faulty equipment cases

Faulty equipment can take many forms and can be found in various industries. Understanding the common types of faulty equipment that can cause injuries is crucial in identifying potential legal claims.

1. Industrial Machinery: Malfunctioning industrial machinery, such as conveyor belts, forklifts, or manufacturing equipment, can pose serious risks to workers. Defects in design, manufacturing, or maintenance can lead to accidents resulting in severe injuries or even fatalities.

2. Vehicle Components: Faulty vehicle components, such as defective brakes, airbags, or steering systems, can lead to car accidents and cause significant injuries to drivers, passengers, and pedestrians. Manufacturers have a duty to ensure the safety of their products, and when they fail to do so, they can be held liable for the damages caused.

3. Construction Equipment: Construction sites are inherently dangerous, and when equipment like cranes, scaffolding, or power tools are faulty, the risk of accidents increases exponentially. Construction workers who suffer injuries due to faulty equipment may have legal grounds to pursue compensation.

In these cases, it’s important to establish that the equipment was indeed faulty and that the defect directly caused the injuries. Legal experts can help gather evidence and build a strong case against the responsible parties.

Understanding product liability laws

Product liability laws hold manufacturers, distributors, and sellers responsible for defective products that cause harm to consumers. Understanding product liability is crucial in pursuing injury lawsuits caused by faulty equipment.

There are three main types of product defects that can lead to liability claims:

1. Design Defects: When the design of a product is inherently flawed and poses a danger to users, it can be considered a design defect. In such cases, even if the product was manufactured correctly, it can still cause harm. Proving a design defect requires showing that a safer alternative design was feasible and would have prevented the injuries.

2. Manufacturing Defects: Manufacturing defects occur when a product deviates from its intended design due to errors or flaws during the manufacturing process. These defects can be isolated incidents and may affect only a small number of products. To establish a manufacturing defect, the plaintiff must demonstrate that the defect caused the injuries and that the product was unreasonably dangerous when it left the manufacturer’s control.

3. Marketing Defects: Marketing defects involve failures in providing adequate warnings, instructions, or safety labels for a product. If a manufacturer fails to provide proper instructions on how to use the product safely, or if they fail to warn consumers about potential risks, they can be held liable for injuries caused by the lack of information.

Product liability laws vary by jurisdiction, so it’s important to consult with an experienced injury lawyer to understand how these laws apply to your specific case.

Proving negligence in faulty equipment injury lawsuits

Injury lawsuits caused by faulty equipment often rely on proving negligence on the part of the responsible parties. To establish negligence, the plaintiff must demonstrate the following elements:

1. Duty of Care: The plaintiff must establish that the defendant had a duty to provide safe equipment or products to the users. This duty of care can vary depending on the relationship between the parties involved, such as manufacturers and consumers, employers and employees, or property owners and visitors.

2. Breach of Duty: The plaintiff needs to prove that the defendant breached their duty of care by providing faulty equipment or products that posed a foreseeable risk of harm.

3. Causation: The plaintiff must establish a causal link between the defendant’s breach of duty and the injuries suffered. This requires demonstrating that the faulty equipment directly caused the injuries and that the injuries would not have occurred without the defect.

4. Damages: To pursue a successful injury lawsuit, the plaintiff must prove that they suffered actual damages, such as physical injuries, medical expenses, lost wages, pain, and suffering.

Proving negligence can be a complex process, requiring thorough investigation, expert testimonies, and strong evidence. It’s crucial to consult with an experienced injury lawyer who can guide you through the legal process and help build a compelling case.

When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment 29

Steps to take after getting injured by faulty equipment

If you’ve been injured by faulty equipment, it’s important to take immediate action to protect your rights and strengthen your potential injury lawsuit. Here are the steps you should consider:

1. Seek Medical Attention: Your health and well-being should always be the top priority. Seek medical attention as soon as possible, even if your injuries may seem minor at first. Some injuries may not manifest immediately, and a medical professional can document your injuries and provide necessary treatment.

2. Preserve Evidence: Preserve any evidence related to the faulty equipment and your injuries. Take photographs of the equipment, document the scene of the accident, and collect any relevant documents, such as maintenance records or product manuals. This evidence can be crucial in establishing liability and proving the extent of your damages.

3. Report the Incident: Report the incident to the appropriate authorities, such as your employer or the police, depending on the circumstances. This documentation can create an official record of the incident and help establish the timeline of events.

4. Consult with Legal Experts: Contact an experienced injury lawyer who specializes in faulty equipment cases. They can provide guidance on your legal rights, help you navigate the complex legal process, and ensure your rights are protected throughout the proceedings.

Remember, time is of the essence in injury lawsuits, as there may be statutes of limitations that restrict the timeframe within which you can file a claim. Acting promptly and seeking legal advice can significantly increase your chances of obtaining a favorable outcome.

The role of expert witnesses in faulty equipment injury cases

Expert witnesses play a crucial role in faulty equipment injury cases. Their specialized knowledge and expertise can provide valuable insights and strengthen your legal claim. Here are some examples of expert witnesses commonly involved in these cases:

1. Engineers: Engineering experts can evaluate the design, manufacturing, or maintenance of the faulty equipment and provide professional opinions on whether the defect directly caused the injuries.

2. Medical Professionals: Medical experts can assess the extent of your injuries, provide medical opinions on the cause and long-term effects, and calculate the necessary medical costs for treatment and rehabilitation.

3. Accident Reconstruction Specialists: In cases where the cause of the accident is disputed, accident reconstruction specialists can analyze the evidence, recreate the sequence of events, and provide expert opinions on how the accident occurred.

Expert witnesses can provide objective and unbiased opinions based on their specialized knowledge, which can significantly strengthen your case. Your injury lawyer can help identify and engage the right experts to support your legal claim.

Compensation in faulty equipment injury lawsuits

Seeking compensation is an important aspect of injury lawsuits caused by faulty equipment. The compensation aims to help the injured party recover from their losses and regain their quality of life. Depending on the circumstances of the case, the following types of compensation may be available:

1. Medical Expenses: Compensation for past and future medical expenses related to the injuries caused by the faulty equipment, including hospital bills, surgeries, medications, rehabilitation, and therapy.

2. Lost Wages: Compensation for lost wages and income due to the injuries. This may include both current and future loss of earning capacity if the injuries result in long-term or permanent disabilities.

3. Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injuries. This type of compensation is subjective and varies based on the severity and impact of the injuries.

4. Loss of Consortium: In cases where the injuries have a significant impact on the injured party’s relationship with their spouse or family members, compensation may be awarded for the loss of companionship, affection, and support.

5. Punitive Damages: In some cases, if the defendant’s actions were particularly reckless or malicious, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

The specific compensation available in each case depends on various factors, such as the severity of the injuries, the impact on the injured party’s life, and the jurisdiction’s laws. An experienced injury lawyer can assess your case and help determine the appropriate compensation to pursue.

How to choose a lawyer for a faulty equipment injury lawsuit

Choosing the right lawyer is crucial in ensuring the success of your faulty equipment injury lawsuit. Here are some key factors to consider when selecting a lawyer:

1. Experience: Look for a lawyer with extensive experience in personal injury law, specifically handling faulty equipment cases. A lawyer with a track record of successful outcomes in similar cases will have the necessary expertise and knowledge to navigate the complexities of your lawsuit.

2. Specialization: Ensure that the lawyer specializes in personal injury law and has a deep understanding of product liability and negligence laws. Specialized lawyers are better equipped to handle the intricacies of these cases and can provide tailored advice to maximize your chances of success.

3. Reputation: Research the lawyer’s reputation by reading client reviews, checking their professional affiliations, and reviewing any awards or recognition they have received. A lawyer with a solid reputation indicates their commitment to providing quality legal representation.

4. Communication: Choose a lawyer who communicates effectively and keeps you informed throughout the legal process. Clear communication is essential for a strong lawyer-client relationship, as it ensures that you understand the progress of your case and can make informed decisions.

5. Fee Structure: Discuss the lawyer’s fee structure during the initial consultation. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Understanding the fee structure upfront allows you to assess the financial implications of pursuing a faulty equipment injury lawsuit.

Take the time to schedule consultations with potential lawyers to discuss your case and assess their suitability. Choose a lawyer who not only has the necessary expertise but also makes you feel comfortable and confident in their abilities.

Case studies of successful faulty equipment injury lawsuits

Examining case studies of successful faulty equipment injury lawsuits can provide valuable insights into the legal process and potential outcomes. Here are two examples:

1. Case Study 1 – Industrial Machinery: A factory worker suffered severe injuries when a malfunctioning hydraulic press crushed his hand. The injured worker filed a lawsuit against the manufacturer, alleging a design defect in the press. The case was settled out of court, resulting in a significant compensation amount that covered medical expenses, lost wages, and pain and suffering.

2. Case Study 2 – Vehicle Component: A car accident occurred due to a defective airbag, causing the driver to sustain serious injuries. The injured driver filed a lawsuit against the manufacturer and distributor of the airbag, claiming a manufacturing defect. The case went to trial, and the jury awarded substantial compensation for medical expenses, lost wages, and pain and suffering.

These case studies highlight the potential for successful outcomes in faulty equipment injury lawsuits. Each case is unique, and the specific facts and circumstances play a significant role in determining the outcome. Consulting with an experienced injury lawyer who can assess the merits of your case is crucial in pursuing a successful lawsuit.

When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment 31

Faulty Equipment Safety: Expert Tips to Minimize Workplace Accidents and Injuries

In today’s fast-paced work environment, the safety and well-being of employees should always be a top priority. One area where this is particularly important is faulty equipment safety. Accidents and injuries caused by malfunctioning machinery or tools can have serious consequences for both the individuals involved and the company as a whole.

However, minimizing workplace accidents and injuries requires more than just good intentions. It requires expert knowledge and proactive measures. In this article, we will provide you with expert tips on how to minimize workplace accidents and injuries caused by faulty equipment.

From conducting regular equipment inspections to ensuring proper training and maintenance protocols, we will delve into the strategies that can help you create a safer working environment. By implementing these practices, you can not only protect your employees but also boost productivity and minimize costly downtime caused by accidents and injuries.

Don’t wait until an accident happens; take proactive steps to ensure faulty equipment safety in your workplace. Read on to discover the expert tips that will help you create a safer and more efficient work environment.

The importance of equipment safety in the workplace

Ensuring equipment safety in the workplace is crucial for the well-being of employees and the overall success of a company. Faulty equipment can lead to serious accidents, injuries, and even fatalities. These incidents not only harm employees but also result in legal consequences, damaged company reputation, and financial losses. As an employer, it is therefore essential to prioritize equipment safety and take proactive measures to prevent accidents.

To ensure equipment safety, it is crucial to have a comprehensive understanding of the potential risks and hazards associated with the machinery and tools used in the workplace. Conducting thorough risk assessments and identifying potential areas of concern will help in developing effective safety protocols and practices.

Common workplace accidents caused by faulty equipment

Accidents caused by faulty equipment can occur in various ways and result in different types of injuries. Some common workplace accidents caused by faulty equipment include:

1. Falls from malfunctioning ladders or scaffolding: Faulty equipment such as unstable ladders or defective scaffolding can lead to falls from heights, resulting in severe injuries or even death.

2. Electrocutions: Malfunctioning electrical equipment, exposed wires, or inadequate grounding can cause electric shocks and electrocutions, posing a significant risk to employees.

3. Machinery malfunctions: Equipment failures, such as jammed or inadequately guarded machinery, can cause amputations, crush injuries, or lacerations.

4. Burns and explosions: Equipment that is not properly maintained, such as faulty gas cylinders or defective heating systems, can lead to fires, explosions, and severe burns.

By understanding the potential accidents caused by faulty equipment, employers can take the necessary steps to prevent them and ensure the safety of their employees.

Understanding the legal obligations for equipment safety

In addition to the moral obligation to protect employees, employers also have legal responsibilities when it comes to equipment safety in the workplace. Various laws and regulations govern equipment safety, and non-compliance can result in severe penalties, lawsuits, and reputation damage.

The Occupational Safety and Health Administration (OSHA) in the United States, for example, sets standards and regulations to ensure workplace safety. Employers must comply with these standards, conduct regular inspections, and maintain records to demonstrate their commitment to equipment safety.

Apart from OSHA, other regulatory bodies and industry-specific standards may also apply, depending on the nature of the business and the equipment used. Employers must stay informed about the legal obligations and ensure compliance to protect both their employees and their business.

When Machines Fail: Exploring Injury Lawsuits Caused by Faulty Equipment 33

Conducting regular equipment inspections and maintenance

Regular equipment inspections and maintenance are essential to identify and address potential issues before they lead to accidents or injuries. Employers should establish a comprehensive inspection program that includes routine checks, scheduled maintenance, and prompt repairs.

Inspections should cover all relevant aspects of the equipment, including mechanical components, electrical systems, safety features, and ergonomic factors. By conducting thorough inspections, employers can identify any signs of wear and tear, loose fittings, leaks, or other potential hazards. Prompt repairs or replacements should be made to ensure the equipment is safe for use.

Additionally, employers should establish preventive maintenance schedules to keep equipment in optimal condition. This may involve lubrication, calibration, alignment, or other maintenance tasks recommended by equipment manufacturers. By implementing regular inspections and maintenance, employers can minimize the risk of accidents caused by faulty equipment.

Training employees on equipment safety protocols

Proper training is crucial to ensure that employees are aware of the potential hazards associated with equipment and how to use it safely. Employers should provide comprehensive training programs for all employees who will be working with or around equipment.

Training sessions should cover topics such as equipment operation, maintenance procedures, safety protocols, and emergency response plans. Employees should be educated on the correct usage of equipment, including any specific safety precautions. Additionally, they should be informed about the signs of equipment malfunction and the importance of reporting any issues immediately.

Regular refresher training sessions should be conducted to reinforce safety protocols and update employees on any changes or new equipment introduced in the workplace. By investing in employee training, employers can ensure that their workforce is equipped with the knowledge and skills to handle equipment safely and prevent accidents.

Creating a culture of safety in the workplace

Beyond implementing specific safety measures, creating a culture of safety is essential to ensure equipment safety in the workplace. A safety culture fosters an environment where employees are actively engaged in identifying and addressing potential hazards.

Employers should encourage employees to report any concerns or equipment malfunctions promptly. This can be achieved through open communication channels, anonymous reporting systems, regular safety meetings, and encouraging a proactive approach to safety.

In addition, employers should recognize and reward employees who prioritize safety and actively contribute to maintaining a safe working environment. By promoting a culture of safety, employers can create an atmosphere where employees feel empowered to prioritize safety and take necessary precautions.

Identifying and addressing potential hazards

Identifying potential hazards is a crucial step in preventing accidents caused by faulty equipment. Employers should conduct regular risk assessments to identify any potential hazards associated with equipment usage in the workplace.

Risk assessments should involve a careful examination of each piece of equipment, its intended use, and the work environment. This process should consider factors such as ergonomic risks, exposure to hazardous substances, electrical hazards, and any other potential risks associated with the specific equipment.

Based on the findings of risk assessments, employers should implement appropriate control measures to minimize the identified hazards. This may involve engineering controls, administrative controls, or personal protective equipment (PPE) requirements. Regular monitoring and evaluation should be conducted to ensure the effectiveness of these control measures.

Reporting and documenting equipment malfunctions

Employees play a vital role in maintaining equipment safety by promptly reporting any malfunctions or issues they observe. Employers should establish a clear reporting procedure that ensures employees feel comfortable reporting concerns without fear of reprisal.

Reports should be documented and thoroughly investigated to determine the cause of the malfunction and implement appropriate corrective actions. This documentation not only helps in addressing immediate concerns but also serves as a valuable reference for future inspections, maintenance, and training programs.

Implementing emergency response plans for equipment-related accidents

Despite the best preventive measures, accidents can still occur. Employers should have well-defined emergency response plans specifically tailored to equipment-related accidents. These plans should outline the steps to be taken in the event of an accident, including first aid procedures, evacuation plans, and communication protocols.

Employees should be trained on these emergency response plans to ensure they can respond quickly and effectively in case of an accident. Regular drills and exercises should be conducted to test the efficiency of these plans and identify areas for improvement.

Conclusion: The role of ongoing monitoring and improvement in minimizing workplace accidents and injuries.

Minimizing workplace accidents and injuries caused by faulty equipment requires ongoing monitoring, evaluation, and improvement. Employers should continuously assess the effectiveness of their equipment safety protocols, address any emerging concerns, and adapt to changes in regulations or technology.

By prioritizing equipment safety, conducting regular inspections and maintenance, providing comprehensive training, and fostering a culture of safety, employers can minimize the risk of accidents and injuries in the workplace. This not only protects the well-being of employees but also enhances productivity, reduces downtime, and preserves the company’s reputation.

Don’t wait until an accident happens; take proactive steps to ensure faulty equipment safety in your workplace. By implementing the expert tips provided in this article, you can create a safer and more efficient work environment for everyone involved.

Posted by Aaron Herbert at 12:35 pm

Understanding the Legal Ramifications: How to Pursue an Injury Lawsuit for Faulty Equipment in Texas

Friday, January 5, 2024

Photo young warehouse worker injured leg at workplace

Injuries caused by faulty equipment can have serious consequences. If you have been injured due to a defective product in Texas, understanding the legal ramifications and how to pursue an injury lawsuit is essential. From medical expenses to lost wages, the financial burden can be overwhelming. But you don’t have to face it alone.

In this article, we will explore the legal process of pursuing an injury lawsuit for faulty equipment in Texas. We will guide you through the steps you need to take, from gathering evidence to filing a lawsuit. Our aim is to empower you with knowledge so that you can confidently seek the compensation you deserve.

Navigating the legal system can be complex, especially when dealing with product liability cases. It’s important to have a skilled attorney who specializes in personal injury law by your side. They can help you understand your rights, build a strong case, and negotiate with insurance companies on your behalf.

Don’t let a faulty product derail your life. Take action and explore your legal options today.

Types of faulty equipment cases

Product liability laws in Texas are designed to protect consumers from harm caused by defective products. In general, there are three types of product defects that can form the basis of a faulty equipment lawsuit: design defects, manufacturing defects, and marketing defects.

Design defects occur when a product is inherently dangerous due to a flaw in its design. Manufacturing defects, on the other hand, happen during the production process and result in a product that deviates from its intended design. Marketing defects refer to failures in providing adequate warnings or instructions about the safe use of a product.

To establish a product liability claim in Texas, you must prove that the product was defective, that the defect caused your injury, and that you were using the product as intended or in a reasonably foreseeable manner. It’s important to note that the statute of limitations for product liability claims in Texas is two years from the date of the injury, so time is of the essence.

Photo working man in helmet examining bulldozer engine

Steps to take after an injury from faulty equipment

Faulty equipment cases can arise in various industries and involve a wide range of products. Some common examples include:

1. Defective machinery or tools: This can include anything from faulty power tools to malfunctioning industrial equipment.

2. Automotive defects: Faulty brakes, airbags, or steering systems in vehicles can lead to serious accidents and injuries.

3. Medical device failures: Defective medical devices, such as hip implants or pacemakers, can cause severe complications and injuries.

4. Electrical equipment defects: Faulty wiring, defective appliances, or electrical fires caused by defective products fall under this category.

5. Consumer product defects: Defective household appliances, electronics, or children’s toys can pose significant risks to consumers.

No matter the type of faulty equipment case, it’s crucial to gather evidence and seek legal advice to determine the best course of action.

Free photo heavy excavator for digging on day light

Gathering evidence for your faulty equipment lawsuit

If you have been injured due to faulty equipment, there are several important steps you should take to protect your rights and strengthen your case:

1. Seek medical attention: Your health should be your top priority. Get the necessary medical treatment and keep records of all medical expenses, diagnoses, and treatments.

2. Preserve evidence: Take photographs of the defective equipment and the scene of the incident, if possible. Keep any receipts, purchase agreements, or packaging related to the product.

3. Document your injuries: Keep a detailed record of your injuries, including symptoms, pain levels, and any impact they have on your daily life or ability to work.

4. Identify witnesses: If there were any witnesses to the incident, obtain their contact information. Their testimony may be valuable to your case.

5. Do not admit fault: Avoid making any statements that could be interpreted as accepting blame for the incident. Stick to the facts when discussing the incident with others.

By following these steps, you can help build a strong foundation for your faulty equipment lawsuit.

Photo ill be able to sell these and many more shot of a young man talking on a cellphone while working on a farm

Finding the right personal injury lawyer

To successfully pursue a faulty equipment lawsuit, you need compelling evidence to prove that the product was defective and caused your injuries. Here are some key types of evidence to gather:

1. Product documentation: Collect any manuals, instructions, or warnings that came with the product. These can help establish whether the manufacturer provided adequate warnings or instructions for safe use.

2. Expert opinions: Consult with experts in the relevant field who can examine the product and provide an opinion on its defectiveness.

3. Accident reports: If the incident was reported to the authorities, obtain a copy of the accident report.

4. Medical records: Gather all medical records related to your injuries, including diagnoses, treatment plans, and medical bills.

5. Witness statements: If there were witnesses to the incident, obtain written or recorded statements from them that support your version of events.

Remember, the more evidence you have, the stronger your case will be. A skilled personal injury attorney can help you gather and organize the necessary evidence to build a compelling argument.

Filing your faulty equipment lawsuit in Texas

When pursuing a faulty equipment lawsuit in Texas, it’s crucial to have a qualified personal injury lawyer by your side. Here are some factors to consider when choosing the right attorney:

1. Experience: Look for a lawyer who specializes in personal injury and has experience handling product liability cases.

2. Track record: Research the lawyer’s success rate and past settlements or verdicts in similar cases.

3. Resources: Ensure that the law firm has the necessary resources to handle your case effectively, including access to expert witnesses, investigators, and medical professionals.

4. Communication: Find a lawyer who is responsive, communicates clearly, and keeps you informed throughout the legal process.

5. Contingency fee arrangement: Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win your case. This can help alleviate the financial burden of legal fees.

Schedule consultations with multiple attorneys to discuss your case and assess their expertise and fit for your needs. Choose someone you trust and feel comfortable working with, as they will be your advocate throughout the legal process.

The legal process for a faulty equipment lawsuit

To file a faulty equipment lawsuit in Texas, you must adhere to specific legal procedures. Here are the general steps involved:

1. Consult with an attorney: Seek legal advice from a personal injury lawyer who can assess the merits of your case and guide you through the process.

2. Investigation: Your attorney will conduct a thorough investigation to gather evidence, interview witnesses, and assess the strength of your case.

3. Demand letter: Your attorney may send a demand letter to the responsible party, outlining the details of your claim and the compensation you are seeking.

4. Settlement negotiations: If the responsible party is willing to negotiate a settlement, your attorney will engage in discussions to secure a fair settlement amount.

5. Filing a lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit on your behalf, initiating the formal legal process.

6. Discovery: Both parties exchange relevant information and evidence through the discovery process.

7. Pre-trial proceedings: The court may hold pre-trial conferences to address procedural matters and attempt to resolve the case without going to trial.

8. Trial: If the case proceeds to trial, both sides present their arguments and evidence to a judge or jury, who will determine liability and damages.

9. Appeals: Either party has the right to appeal the court’s decision if they believe there were legal errors or procedural irregularities.

The duration of the legal process can vary depending on the complexity of the case and whether it goes to trial. Your attorney will guide you through each stage and keep you informed about the progress of your lawsuit.

Settlements vs. trials in faulty equipment cases

In faulty equipment cases, there are two main ways to resolve a claim: through a settlement or a trial. Let’s explore the pros and cons of each:

Settlements:

– Pros:

– Potentially faster resolution: Settling a case can save time compared to the lengthy process of going to trial.

– Certainty of outcome: With a settlement, both parties agree on the terms and avoid the uncertainty of a trial verdict.

– Control over the outcome: You have a say in the negotiation process and can decide whether to accept or reject a settlement offer.

– Cons:

– Potentially lower compensation: The settlement amount may be lower than what you could potentially win at trial.

– Confidentiality: Settlements are typically confidential, limiting public awareness of the product defect and potential risks.

Trials:

– Pros:

– Potentially higher compensation: If successful, a trial verdict can result in a higher compensation amount, including punitive damages.

– Public awareness: Trials shed light on product defects, potentially leading to changes in manufacturing practices and increased consumer safety.

– Cons:

– Longer process: Trials can be lengthy, requiring more time and resources compared to settlements.

– Uncertain outcome: The verdict is ultimately in the hands of the judge or jury, which introduces an element of unpredictability.

Choosing whether to pursue a settlement or a trial is a decision best made in consultation with your attorney. They will assess the circumstances of your case and provide guidance based on your best interests.

Conclusion and next steps

When you’ve been injured due to faulty equipment, understanding the legal process and your rights is crucial. By taking the right steps, gathering evidence, and seeking the assistance of a skilled personal injury lawyer, you can pursue an injury lawsuit and seek the compensation you deserve.

Remember, time is of the essence when it comes to faulty equipment cases in Texas. The statute of limitations imposes a two-year time limit from the date of the injury. Don’t delay in seeking legal advice and taking action to protect your rights.

If you or a loved one has been injured due to faulty equipment, don’t face the challenges alone. Consult with a personal injury attorney today to explore your legal options and secure the justice and compensation you deserve.

Take control of your future and pursue your injury lawsuit with confidence. The road to justice may be challenging, but with the right legal support, you can navigate the process and seek the resolution you deserve.

Posted by Aaron Herbert at 6:00 am

Who Is Liable If a Recalled Car or Truck Caused the Accident?

Thursday, June 16, 2022

Most car accidents are preventable and related to human error, such as a driver speeding or driving distracted. Some, however, are connected to defects with the vehicle that a driver has no control over.

Despite safety technologies improving in the automotive industry, 2018 had more light vehicle safety recalls than any other year in US history – 341, according to Stout’s 2019 Automotive Defect & Recall Report. If you get into an accident related to a recalled car or truck, find out who is liable.

Who Is Liable If a Recalled Car or Truck Caused the Accident? 39

Common Car and Truck Defects

Although many different types of recalled products can cause serious consumer injuries, auto part defects are particularly dangerous. Even a minor auto defect could act as a catalyst for a serious car accident. Common car and truck defects connected to motor vehicle accidents are:

When a vehicle manufacturer discovers a defect in one of its models, it lawfully must issue a recall. It must also make a reasonable effort to notify buyers of the defect, such as through an ad campaign or direct mail. A recall means the vehicle contains known defects that could be dangerous to consumers. The recall will contain information and safety recommendations for the vehicle’s owner, such as where to take the car for free repairs.

Who Is Responsible?

If a defective vehicle part causes a car or truck accident, an injured party may have a legal claim to damages. Most vehicle defect accidents fall under the category of product liability law. Product liability is a manufacturer or distributor’s legal responsibility for injuries caused by a faulty product. Under Texas’s product liability laws, a manufacturing company may be liable without proof of negligence if the vehicle contained one of three types of defects:

  1. Design flaw
  2. Manufacturing error
  3. Marketing mistake

If the injured party can prove the vehicle contained one of these product defects and that this is what caused the car or truck accident, the manufacturing company will be liable for damages whether or not the company was negligent. Other parties involved with the manufacture and distribution of the vehicle could also bear liability for a crash, such as a retailer, part or component manufacturer, or car dealership.

In a case where the doctrine of strict product liability does not apply, an injured crash victim may still be able to bring a claim based on the theory of negligence. An automaker could be liable based on negligence if it was careless and violated the accepted standards of care for the automotive industry. If the manufacturer knew about a defect but did not disclose it, for example, and this caused a car accident, the manufacturer could be responsible based on negligence.

How Will a Recall Affect a Claim?

Whether or not a recall was in effect at the time of your car or truck accident could affect your right to recover. An automaker may try to refute liability for your accident if you knew or reasonably should have known about the defect due to an ongoing recall.

If the defendant can prove that you received notice by mail of the recall with the company’s recommendation not to drive the car until getting it repaired, for example, this could protect the company from liability for an accident. If, however, your accident occurred before the recall was announced, the company could still be liable.

When to Hire a Product Liability Attorney in Dallas, Texas

A car accident case involving a recalled car or truck with a defect or safety issue can be complex. If you or a loved one was injured in this type of auto accident in Dallas, consult with a vehicle defect attorney for advice. If you have grounds for an injury claim against the manufacturer or another party, your lawyer can help you with the legal process.

Posted by Aaron Herbert at 1:22 pm

Types of Product Defects You Can Claim in a Product Liability Lawsuit

Friday, November 26, 2021

If a defective product causes an injury, illness or death, an impacted victim has the right to file a product liability lawsuit against the manufacturer or distributor of the item. A product liability lawsuit can be based on a legal theory such as strict liability, breach of warranty or negligence. Three types of product defects can be claimed in a product liability lawsuit. Identifying the type of defect involved in your case can help you understand whether you have a valid claim.

Types of Product Defects You Can Claim in a Product Liability Lawsuit 41

Design Defect

A design defect means that something is wrong with the original design of the product that makes it unreasonably dangerous for consumers to use. There is a flaw in how the item was planned or intended that creates a heightened risk of injury or illness. Even if the item is manufactured and marketed correctly, a design defect can lead to a dangerous product that causes serious consumer injuries. An example of a design defect is an SUV that is designed with a center of gravity that is too high, increasing the risk of a rollover accident.

Manufacturing Error

A manufacturing error refers to any issue or mistake that occurs during the production, creation or assembly of an item. It can describe incidents such as a piece of machinery breaking and leaving pieces of metal in a product or an assembly worker mistakenly adding the wrong ingredient to an edible product. Manufacturing mistakes can lead to many dangerous defects. An example is a batch of cough medicine that gets contaminated with a dangerous chemical during production.

Marketing Mistake

The third type of product defect is a marketing mistake. This can refer to any error with the item’s packaging, labeling, directions, warnings, marketing or advertising that increases the risk of consumer injury. It is a manufacturing company’s legal responsibility to warn consumers of any risks that might not be obvious in association with using a product. If a company fails to properly package or market an item, and this leads to an injury or death, the company can be held liable. An example of a marketing mistake is a child’s toy that has small parts that aren’t safe for infants, but that doesn’t list an appropriate age range on the packaging.

What Is Strict Product Liability?

In a strict product liability lawsuit, a manufacturing company can be held liable for a consumer’s injury or death even without proof of negligence. As long as the plaintiff can show that the product contained one of the three potential defects and that the product caused the injury in question, the manufacturing company will be held financially and legally responsible. The strict liability doctrine exists to protect consumers from having to prove negligence when going up against large and powerful product manufacturers.

Do You Have a Case?

If you or your attorney cannot establish a product liability claim based on the theory of strict liability, there may be other grounds available. You may be able to file a lawsuit on the more traditional grounds of negligence, for example, if you have proof that the defendant acted without reasonable care and that this led to a defective product. You may also be able to file a claim based on a breach of warranty. This means that the manufacturing company made a promise to consumers – such as a safety guarantee – and broke this promise.
If you or a loved one was recently injured because of a defective or dangerous product in Dallas, Texas, contact an attorney from The Law Firm of Aaron A. Herbert, P.C. for a free legal consultation. We can carefully review the details of your accident to determine if you have grounds for a product liability case. If so, we can help you go up against one or more parties in pursuit of justice and fair financial compensation.

Posted by Aaron Herbert at 10:39 am

How Can I Prove an Injury Is From a Defective Product?

Friday, January 22, 2021

A defective product can cause an immense amount of devastation. Unsuspecting consumers may suffer serious injuries, from lacerations to traumatic brain injuries, due to products that contain defects. You might know your injuries are from a defective product, but unfortunately, this will not be enough to obtain financial compensation from the item’s manufacturer. You must prove that the defective product caused your injury before a court will rule in your favor.

How Can I Prove an Injury Is From a Defective Product? 44

What Are the Four Elements Needed for a Product Liability Claim in Texas?

Obtaining compensation for a defective product in Texas involves what is known as a product liability claim. Product liability claims arise when an item that contains a manufacturing, marketing or design defect injures a consumer. If you have a strict product liability claim, you will need to prove four elements to obtain a recovery.

  1. You were using the product as the manufacturer intended.
  2. The product contained a defect.
  3. The product is what caused your injury or property damage.
  4. You suffered compensable losses.

Most product liability claims have different burdens of proof than other types of injury claims in Texas. In a standard personal injury claim, you or your lawyer must prove the defendant’s negligence to hold him or her accountable. In a strict product liability claim, however, you do not need to show that the manufacturer failed to uphold a standard of care in designing or creating the product. It will be enough to show that the item contained a defect and caused your injury.

How to Prove a Connection Between the Defective Product and Your Injury

Even if you do not have to prove a manufacturing company’s negligence, it can be difficult to recover compensation with a product liability claim in Texas. You still have the burden to prove with clear and convincing evidence that the defective product is more than likely what caused your injury or illness. Meeting this burden of proof will first require evidence of your injury.
Proving an injury generally relies on medical documentation. An insurance company, judge or jury will need to see medical evidence that the injury you are claiming exists. Evidence may take the form of medical records, a letter from your doctor or x-rays. If you have a soft-tissue injury, such as a muscle sprain, it can be more difficult to prove that your injury exists, as it will not show up on scans and x-rays. You may need additional proof, such as medical expert testimony, to support your claim in this case.
Once you prove your injury exists, the next step will be establishing actual cause. You will need to prove through a preponderance of the evidence that your injury was directly related to the use of the defective product. If you suffered your injury from another cause, unrelated to the item’s defect, you will not be able to hold the manufacturer responsible.
Common evidence used to prove a causal link between a defective product and an injury includes eyewitness accounts, your injury documentation and expert testimony. Witnesses can testify as to what they saw the day your injury occurred, such as you using the item correctly, the item malfunctioning and it injuring you. Your medical documentation and testimony from medical experts can help prove that your injury would not have occurred but for the product’s defect.

Consult With a Product Liability Attorney for Assistance

Obtaining compensation for an injury from a defective product in Texas takes certain evidence and proof. It is your responsibility as the injured victim to meet your burden of proof if you wish to make the manufacturer or distributor pay for your losses. While the laws of strict product liability make for a lesser burden of proof, eliminating the need to establish negligence, you will still need to show that the defect caused your injury. Hire a product liability attorney for assistance. A lawyer can help you gather and present strong evidence proving your case.

Posted by Aaron Herbert at 12:04 pm

How Can I Prevent Trampoline Injuries?

Tuesday, May 16, 2017
Trampolines can be incredibly fun for children of all ages, and it’s a fantastic activity for the whole family during nice weather. However, trampolines also pose a measure of risk, and it’s important for you to understand the dangers of trampoline use to protect yourself and loved ones from injuries. Some injuries may even lead to lawsuits or other legal entanglements, so know your options in the event of a trampoline injury.

Trampoline Injury Statistics

Between 2002 and 2011, more than a million-people visited the ER for trampoline injuries. Of them, almost 300,000 involved broken bones. These injuries costs emergency departments somewhere in the $1 billion range. Most of those hurt are children, and almost 93% of them were under 16 years old.

Best Practices

The first step in preventing trampoline injuries is to purchase one with the best possible safety ratings. Check online for the highest rated trampolines and read reviews from other customers. Be sure to read the positive reviews as well as the negative, as some people who have bought the trampoline may have experienced issues that could apply to you as well. Purchase a trampoline with a safety net enclosure – this small additional cost will likely save you in medical bills. The safety net wraps around the outside of the trampoline to prevent anyone from bouncing off and onto the ground, which could cause significant injury. Remember that the safety enclosure will not prevent users from falling into the springs around the outer edge of the trampoline. While some manufacturers have designed trampolines without these springs, most of them have a ring of heavy duty spring that can cause significant injuries. Once you’ve purchased a trampoline, follow the biggest rule for trampoline safety: only one person at a time should use the trampoline. This sounds like a solid rule in theory, but most kids want to play on their trampolines with their friends and siblings. While it may be difficult for parents to convince their kids that only one person may use the trampoline at a time, enforcing the “one at a time” rule will significantly lower the risk of someone suffering an injury. Finally, the best way to prevent trampoline injuries is proper supervision. Some kids may get carried away and attempt dangerous tricks and flips that can lead to serious head and neck injuries. Whenever children are using a trampoline, carefully supervise them and prevent them from making any risky maneuvers.

Product Liability Claims

If you or a loved one suffers a trampoline injury, your first instinct may be to blame the manufacturer of the trampoline. While this may seem like sound logic, it’s important to remember that product manufacturers must follow very strict liability standards. If a manufacturer failed to provide adequate safety warnings or sold you a defective product, you may be able to file a product liability claim. However, most companies that make potentially hazardous items are very clear in their instructions for use and safety warnings. If you suffered an injury due to your own actions of misuse of the product, your claim will most likely not hold up in court.

Negligence Claims

In some situations, you may be able to file a personal injury claim if your loved one was under the supervision of another. For example, if your child’s daycare has a trampoline and your child suffers an injury because the daycare staff was not paying adequate attention, the staff may be liable for the injury. Hopefully, you can avoid these injuries by following these tips. After any type of trampoline injury, one of the best things you can do once you’ve addressed any medical concerns is to speak with a personal injury attorney about your possible options for legal recourse.
Posted by Aaron Herbert at 5:09 pm

Can a Consumer Always Sue When a Defective Product Causes Injury?

Wednesday, March 2, 2016
Product designers, manufacturers, and sellers are responsible for providing consumers with safe and properly marketed products. One of these parties may be liable for an injury if there is a hazardous flaw in the design or manufacturing of the item or if the risks or hazards associated with the product have not been properly labeled. You can attempt to sue a manufacturer or seller for a defective product related injury, but that does not always mean the lawsuit will lead to design/manufacturing changes or adequate financial compensation. An attorney may not recommend pursuing a product liability action if the injury was too minor to justify legal action, if the client was using a product for purposes other than intended, or if the client was acting carelessly.

Disclaimers: The Possible Exception to Product Liability Lawsuits

Many product manufacturers use warning labels and disclaimers to prevent individuals from filing product liability lawsuits. Much like a liability waiver, a disclaimer can protect a company from certain foreseeable risks associated with a product. For instance, a hair straightener may come with a disclaimer that the product reaches high temperatures and may cause burns or electrocution if dropped in water. However, it may not protect the company from a hair straightener that sparks, overheats, or explodes. While disclaimers can minimize the liability associated with a product claim, consumers should always seek legal advice before writing off a potential claim. Disclaimers, limited warranties, and warning labels are often not enough to protect a company from dangerous defects.

Understanding Product Liability in Texas

Texas operates under a strict liability rule. Strict liability allows injured individuals to hold a defendant without using the traditional standard of negligence. A plaintiff must only prove the product was sold in a hazardous condition, the seller or manufacturer knew the product would reach the consumer in that state, and the product caused the injury or harm. Proving a breach of warranty in addition to liability may strengthen a plaintiff’s case.

Breach of Warranty Cases

In addition to suing a manufacturer for a defective product, a consumer may also hold a company liable for breaching an implied or express warranty. Express warranties are written or stated protections that come with several types of products, and many provide for standard replacement or repair services for a period of time. Implied warranties apply to every product and require goods to pass certain criteria as sellable. In Texas, a product must pass a test of merchantability. If a product is not of reasonable quality, fit for use, or appropriately packaged, the seller may be liable for any resulting defects, product problems, or injuries. Breach of warranty cases may not require any physical injury, but can strengthen defective product cases. All a plaintiff needs to prove is that the seller did not meet the expectations set forth in an implied and/or expressed warranty. For instance, if you purchase a smartphone to help you with your business, but the seller sold you a product that only handles calls and texts, you may hold him or her liable for failing to sell a merchantable “smartphone.” To successfully win the lawsuit, you will need to prove the breach of warranty caused you serious harm (e.g. prevented you from conducting business).

Finding a Product Liability Attorney

Some injured individuals may not know if they have a legitimate personal injury claim until they speak to an attorney who specializes in defective products. Keep all your warranty and packaging material, and try to preserve as much of the product as possible. All of these items may help your attorney determine if pursuing a defective product/breach of warranty claim makes sense. For a free case evaluation, reach out to the Law Offices of Aaron A. Herbert PC.
Posted by Aaron Herbert at 11:47 pm