Defective Product Chemical Burn? Your Rights and How to Sue the Manufacturer

Imagine reaching for a household cleaner, confident in its ability to disinfect, only to experience a searing chemical burn upon contact. Or picture using a new beauty product, only to find your skin blistering and peeling. These scenarios, while alarming, are a reality for many who fall victim to defective products containing harmful chemicals. According to the American Burn Association, chemical burns were the sixth most prevalent type of burn treated at burn centers from 2002 to 2011 [22]. If you’ve suffered a chemical burn from a defective product, understanding your rights and how to sue the manufacturer is crucial.

What Constitutes a Defective Product?

A product is considered defective when it presents an unreasonable risk of injury to consumers when used in a foreseeable manner [2, 14]. This defect can arise in several ways [18]:

Design Defect: A flaw in the product’s blueprint makes it inherently dangerous, even if manufactured correctly [1, 2]. An example would be a lithium-ion battery that overheats with no mechanism to prevent it [1].
Manufacturing Defect: This occurs when a product deviates from its intended design during production, rendering it harmful [2, 18].
Marketing Defect (Failure to Warn): A product can be dangerous if it lacks sufficient warnings or instructions about potential risks [2, 7, 18]. For instance, a household cleaner with dangerous chemicals but no warning label [15].

Common Products That Can Cause Chemical Burns

Many everyday products contain chemicals that can cause burns if mishandled or if the product is defective [3, 5]. These include:

Household Cleaners: Ammonia, bleach, drain cleaners, toilet bowl cleaners, and oven cleaners [1, 5].
Personal Care Products: Nail, hair, and skin products, teeth whitening products, and hair dye kits [1, 3].
Automotive Products: Battery acid and gasoline [1, 2].
Other Chemicals: Pool chlorination products, paint thinner, metal cleaners, and concrete mix [2, 22].
Exploding Products: E-cigarettes and vape pens, spray paint cans and aerosol products, pressure cookers, car gas tanks or fuel systems [21].

Your Rights as a Victim of a Defective Product Chemical Burn

If a defective product has caused you a chemical burn, you have the right to seek compensation for your injuries and losses [1, 3, 6]. You can file a product liability claim against the manufacturer, designer, distributor, or seller of the product [1, 10].

How to Sue the Manufacturer: Steps to Take

Seek Immediate Medical Attention: Chemical burns can cause serious damage, so prompt medical care is essential [7, 8]. Document your injuries with photographs [8, 14].
Identify the Defective Product: Preserve the product, its packaging, and any instructions or warnings [8].
Determine the Type of Defect: Was it a design flaw, a manufacturing error, or a failure to warn [18]?
Gather Evidence: Collect medical records, witness statements, and any other documentation that supports your claim [8, 14].
Consult with a Product Liability Attorney: A lawyer can evaluate your case, advise you on your legal options, and help you navigate the complexities of a product liability lawsuit [1, 6, 17].

Elements of a Product Liability Claim

To win a product liability case, you must prove the following elements [25, 29]:

The product was defective: You must demonstrate that the product had a design, manufacturing, or marketing defect [18].
The defect made the product unreasonably dangerous: The defect must have created a risk of harm beyond what an ordinary consumer would expect [1].
The defect caused your injury: You must establish a direct link between the defect and your chemical burn [2, 29].
You used the product as intended: You must show that you were using the product in a foreseeable manner when the injury occurred [3, 29].

Who Can Be Held Liable?

Several parties can be held liable in a product liability case involving chemical burns [10, 16]:

The Manufacturer: The company that designed and produced the product [1, 10].
The Designer: The entity responsible for the product’s design [1, 10].
The Distributor: The company that distributes the product to retailers [1, 10].
The Retailer: The store that sold you the product [10, 27].

Types of Compensation You Can Recover

If you win your product liability case, you may be entitled to compensation for the following damages [3, 6, 14]:

Medical Expenses: Past and future costs of treating your burns, including hospital stays, surgeries, and rehabilitation [3, 15].
Lost Wages: Income you lost due to being unable to work [3, 15].
Pain and Suffering: Compensation for the physical pain and emotional distress you have experienced [6, 16].
Emotional Distress: Compensation for the psychological impact of the injury, such as anxiety, depression, or post-traumatic stress disorder [3, 16].
Loss of Enjoyment of Life: Compensation for the diminished ability to participate in activities you once enjoyed [3, 16].
Punitive Damages: In some cases, you may be awarded punitive damages if the manufacturer’s conduct was particularly egregious or reckless [3, 25].

The Importance of Expert Witnesses

In chemical burn cases, expert witnesses can play a crucial role in proving your claim [4, 11]. These experts can provide testimony on various aspects of the case, including [11]:

The nature of the accident that caused your burn.
Whether the burn was caused by the negligence of another.
The severity of your burns.
The long-term physical and psychological impacts of your injuries.

Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit [7, 19, 26]. In many states, the statute of limitations for product liability cases is two to three years from the date of the injury or the date you discovered the injury [19, 28, 31]. It’s crucial to consult with an attorney as soon as possible to ensure that you do not miss the deadline for filing your claim [7].

Finding the Right Attorney

Choosing the right attorney is essential for a successful outcome in your case [6, 17]. Look for a lawyer with experience in product liability cases and a proven track record of success in burn injury claims [1, 10, 20].

Conclusion

Suffering a chemical burn from a defective product can be a devastating experience. However, by understanding your rights and taking the necessary steps, you can hold the responsible parties accountable and recover the compensation you deserve. Contact a qualified product liability attorney today to discuss your case and explore your legal options.