If my son was handling laundry packets when one exploded in his face causing severe eye injury, what are our options?
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If my son was handling laundry packets when one exploded in his face causing severe eye injury, what are our options?
Asked on May 15, 2014 under Personal Injury, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you believe that the explosion occured due to some defect in formulating or manufacturing the detergent, or some defect in designing or manufacturing the packet/container, you could sue the detergent's manufacturer (and possibly also the distributor) to recover out-of-pocket (not paid by insurance, including health insurance) medical costs, other out of pocket costs or losses (such as if a parent missed work/lost wages to care for your son), and possibly for "pain and suffering" compensation for your son--especially if any eye damage is permanent. If you think this may be the case, consult with a personal injury or products liability attorney.
Note that if the explosion was due to your son mishandling the packet, then there would be no liability. To use a "soda can" analogy: if a soda can ruptures and injures someone when they simply picked it up or set it down, that would lead to liablity. If the can ruptured because someone left it on a hot burner and the heat caused a pressure build up, that is a misuse and there would be no liabilty. So the cause of the explosion is critical.
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