Legal Question in Personal Injury in California

Re: Child vs Paper Shreder

Based on limited info provided, I believe you would have a very interesting products liability case. Call to discuss. Don Holben 800-685-6950

Re: Child vs Paper Shreder

I believe Mr. Hoffman's assessment with the information provided is more realistic for a products liability case such as you potentially may have.

Despite the fact that the damages to your children were severe, you would still have to prove liability for the defective product.

I would like to know what type of warnings were in place on the instructions included with the product and/or any warnings on the box.

Also, you need to assess the potential design defect in light of a whole line of cases that discuss the obvious dangers of sharp and/or cutting objects such as knives and shredders.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

Re: Child vs Paper Shreder

Certainly you have a products liability action. May also say that I sympathize with you and your child having a 7 month old at home myself. Call me directly at (619) 222-3504.

Re: Child vs Paper Shreder

Yes, this is a classic products liability case. It appears to be a design defect, and negligence. What is important is that you must file suit within the statute of limitations period so time is of the essence. I am on my cell phone now at 818-427-6246, give me a call this evening or tomorrow at my office to talk about this case.

Thank You,

Norm

Re: Child vs Paper Shreder

You can sue, and you may be able to win, but it is not at all clear to me how the case will come out.

In order to hold the manufacturer liable you have to prove more than the fact that the product injured your child. You also have to show either that the design of the product was unreasonably dangerous or that your particular shredder was defective. (This is an oversimplification but it will do.) You will also have to prove that your child would not have been injured if the shredder had been designed and/or built properly.

Some products are just inherently dangerous to small children, and parents are supposed to make sure the kids can't get hurt by them. For example, steak knives are sharp but if a child is cut by one it doesn't mean the parents can successfully sue the manufacturer. Steak knives are *supposed* to be sharp, and parents are supposed to make sure their small children don't play with them. If a parent leaves a toddler alone with a knife and the toddler is hurt, then the fault probably lies with the parent. It's hard to see how the manufacturer could be blamed.

The same may be true here. I would need to know more about the shredder and about how the accident took place.

Mr. Fernandez's answer strikes me as overly optimistic. He seems to believe the fact that the shredder injured your child is enough to prove both a design defect and negligence, but he is wrong. He would need to know more facts before he could justify such a conclusion. His conclusion may ultimately prove correct, but there is no way to know based on the limited facts you have provided.

Please feel free to contact me directly if you would like to discuss this matter in more detail.