QUESTION
Can I sue a company for not replacing a machine, which burst into flames?
Asked on Apr 24th, 2014 on Personal Injury - North Carolina
More details to this question:
I have a CPAP machine for sleep apnea, which began acting up three days ago. I contacted Norco my medical provider and they said the machine was indeed not working properly but refused to provide a replacement until I contacted my Md. The next day I contacted my Md. and they directed Norco provide a replacement. Norco again refused to provide the directed service. Last night I plugged in my CPAP machine to again try and limp through the night. Just prior to going to bed the machine literally burst into flames on my nightstand. Had this occurred an hour later I would have been attached to the machine. Is this in any way actionable? I was not injured other than the acrid smoke and fear created by the melt down but I am still without treatment and more than a little nervous due to the negligent actions of Norco.
6 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Cut thru the drama. No one was hurt. no case except for the value of the machine (if you bought it).
Answered on Apr 28th, 2014 at 8:40 PM
Thomas Edward Gates
Yes, you may sue for a defective product. Contact a personal injury attorney.
Answered on Apr 28th, 2014 at 8:40 PM
Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answered on Apr 28th, 2014 at 8:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is something. This morning I answered a question about a leaf blower bursting into flames. Now it's a CPAP machine. You are of course entitled to a replacement, or your money back if you paid anything for it. If possible, look into seeing whether you can get another brand. A number of years ago, I handled a case in which a car caught fire and a young woman escaped in the nick of time. She was not physically injured but suffered PTSD as a result. The case went nowhere. Product liability cases are expensive and time consuming, so unless the injuries are catastrophic, they are simply not worth pursuing.
Answered on Apr 28th, 2014 at 8:40 PM
Ronald A. Steinberg
Why did you use it if it wasn't working properly? You have responsibility here.
Answered on Apr 28th, 2014 at 8:40 PM
Answer: Yes that's bad that the machine just burst into flames. And if you were standing over it and it burned you that would have been worse. And if this CPAP machine was on your bed while you slept, and then ignited your sheets, pillow and blanket on fire burning you literally to death that would have been even worse. But what if your entire family was in bed with you and they all died? What then? That would have been ten times worse. And then what if after your house burned down the neighbors caught fire and it burned killing all those occupants. That might have been 100 times worse! But really no one was hurt and no one was burned so you get compensation for the smell of smoke and nothing more. The 'what ifs' add nothing to your claim because what if it was all your fault? No one's case is better because of what ifs. Sorry.
Answered on Apr 28th, 2014 at 8:40 PM