QUESTION
Can I sue the makers of my laptop for injuring my leg?
Asked on Sep 26th, 2011 on Personal Injury - Oregon
More details to this question:
I found out today that the odd looking red blotchy mark on my leg was caused by the heat of my laptop resting on my lap. So I was wondering if that's grounds for a lawsuit of some sort.
10 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. I don't think so.
Answered on Jun 03rd, 2013 at 2:27 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can always sue for negligence in product design but a red mark on your leg is not much damage and I doubt any lawyer would take that case. It is not enough to find someone has made a mistake, you must have real damage. The claims process and the court process is long and arduous and expensive. You don't make small claims except in the Judge Judy court (small claims).
Answered on Sep 28th, 2011 at 12:25 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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To be successful in a products liability claim against the manufacturer of a laptop might be difficult, but you should consult an attorney specifically to discuss your case. There have been some reported conditions caused by the heat of laptops and that information may be helpful to you if you pursue the case. Also, you should photograph the blotchy mark on your leg to document the condition as it appears. If the condition worsens you should consult a doctor for care.
Answered on Sep 28th, 2011 at 12:13 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If the red blotchy mark clears up, it is probably not worth pursuing. You would have to show that the laptop has an unreasonably safe design. You would need to find an attorney who practices in the area of products liability who would hire an engineer or product design expert who would examine the lap top and render an opinion as to whether the heat it generates is dangerous and also whether there is any alternate design that would be safer. The opinion itself would cost between $1,500 and $5,000. The costs of bringing such a suit to trial would exceed $10,000.00 and may go as high as $100,000.00. Products liability suits make sense only with severe injuries.
Answered on Sep 28th, 2011 at 12:11 PM
Consult with a plaintiff's product manufacturer attorney for specific advice regarding the manufacturer's liability for the skin discoloration on your leg.
Answered on Sep 28th, 2011 at 11:44 AM
Based only on the facts in your question, I don't think you have a case. First, a blotchy mark is not an injury. It will not affect your ability to work or walk, and it is unlikely to require medical attention. Second, if the laptop was on your leg long enough to make a red blotch, you surely must have felt something before the heat made the blotch. And finally, I suspect that the laptop manufacturer has a warning about leaving a lap top on your lap. So you have a case with no injury, your won negligence and a warning by the manufacturer. I'd forget about a law suit, go buy some lotion, and keep the lap top away from your skin in the future.
Answered on Sep 28th, 2011 at 10:45 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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You need to talk to a lawyer who handles products liability cases, but if you don't suffer a serious injury, i.e. an infection or your leg has to be amputated or if the red blotchy mark becomes permanent you probably won't have much of a case.
Answered on Sep 28th, 2011 at 10:34 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Maybe but doubt damage will be enough to pursue as product defect cases are expensive.
Answered on Sep 28th, 2011 at 6:39 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can bring a claim, but what is a "red blotchy mark" worth? If it's permanent, and your doctor is willing to testify that it was caused by an overhearing battery on your laptop, then you might want to pursue it, but they're going to allege comparative negligence for not taking a hot laptop off your lap.
Answered on Sep 28th, 2011 at 5:49 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Probably not. A: The blotch was likely not painful; B: The blotch probably went away; and C: All laptop batteries get very hot and it is common knowledge that if it gets too hot you should move it off of your lap.
Answered on Sep 28th, 2011 at 5:18 AM