Legal Question in Product Liability in California

Two weeks ago I purchased an oil heater from a big department store. The heater worked fine until this last Thursday(12-9-10) I had it turned on for about an hour and it exploded. The oil came spewing out and hit me all over the back of my legs and gave me 2nd degree burns. My daughter and a friend both received 1st degree burns on their legs. The firefighters reported that it was an error with the heater and that "wires were exposed". I am currently still in the hospital. Can I sue for pain and damages? Who can I sue, the department store or the vendor? Also, should I start the proccess of suing immediately or do I wait until I am out of the hospital.


Asked on 12/11/10, 6:46 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

SAVE THE DEFECTIVE PRODUCT. Get all needed medical attention. Sue the retailer and manufacturer and let the courts sort it out. Do not speak to, give a statement to, or sign anything for the store or the manufacturer or its insurance company. There are important legal time limits, for example your lawsuit has to be filed within two years, but it's never too early to get a lawyer on board; and yes, as you may have heard, many of us do visit prospective clients in the hospital.

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Answered on 12/16/10, 6:56 pm
James Bame San Diego Law Office

I am sorry to hear of your trauma. In a products liability case, the entire distribution chain is liable. For assistance contact me directly.

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Answered on 12/17/10, 10:27 am


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