QUESTION
Is there anything legally that can be done regarding product safety issue?
Asked on Apr 24th, 2014 on Personal Injury - California
More details to this question:
I purchased an "Expert/Gardener" electric blower a couple of weeks ago. The first time I used it, it caught on fire. Although luckily I was not injured, I still feel something should be done or I should be compensated in some way for being exposed to such a dangerous product. In checking, it also appears that this product was recalled for another issue recently although the store continued to sell this product.
9 ANSWERS
Ronald A. Steinberg
Take it back to the dealer and get your money back.
Answered on May 23rd, 2014 at 6:14 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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The store should refund your money and you can file a complaint with the US Product Safety Commission. Florida law does not provide persons compensation for damages that could have occurred , but thankfully, didn't.
Answered on Apr 28th, 2014 at 8:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Take it back to the store, get your money back and file a complaint with the Consumer Product Safety Commission. Since you were not hurt, your chances of getting any significant sum ($1000) is minimal. I suppose you could contact the manufacturer, tell it what happened and see if it is willing to give you a gift card or some such in addition to the value of the blower.
Answered on Apr 28th, 2014 at 8:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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While you may feel you should be compensated for being exposed to something dangerous, you suffered no injury so, as the old expression goes, "no harm, no foul". You can't seek compensation for potentially being injured, only if you are injured. You should get a refund for the defective product, and no more.
Answered on Apr 28th, 2014 at 8:46 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 8:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't overdramatize here. you don't get any credit for being exposed to something. You get credit only for being injured. In this case you have a breach of warranty and/or breach of contract which has the value of the product you bought have you thought about talking intelligently (not emotionally) to the manager of the store where you bought the item?
Answered on Apr 28th, 2014 at 8:46 PM
James Eugene Hasser
If you weren't hurt you have no claim for personal injury. However, you may have a class action type of claim. Consult a lawyer that does class action cases. Also, report it to the Consumer Products Safety Commission and the manufacturer. Good luck.
Answered on Apr 28th, 2014 at 8:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is doubtful you will have any recovery given the fact that you do not have damages which are all that you can recover, at least beyond the cost of the electric blower.
Answered on Apr 28th, 2014 at 8:46 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You get your money back. 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 8:46 PM