What can I do if I was burned when cooking something that I followed all of the directions for?
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What can I do if I was burned when cooking something that I followed all of the directions for?
I was making stuffing in the microwave with water and oil, following the directions. After waiting 5 minutes for the liquid to get hot, I poured the stuffing mix into the bowl when it literally blew up in my face.I have a burn on my face and wrist. I emailed the store which wants me to come in and fill out an
Asked on October 18, 2016 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You have a personal injury claim against both the manufacturer of the stuffing and the store where you purchased it.
Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for the manufacturer and store. Notify the insurance carriers in writing of your personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the insurance carriers for the store and manufacturer should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carriers for the store and manufacturer, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective.
Strict liability imposes liability whether or not due care was exercised.
The store is liable even if the store could not have known the product was defective.
If the case is settled with one but not both parties (store and manufacturer), only name the party with whom the case has not settled as a defendant in the case.
If the case is NOT settled, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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