QUESTION:
Our parents’ house caught fire. My mother’s lift chair did not work when the power was out. She was trapped in the chair. I got her out but by then my father had inhaled too much smoke and burned to death before he got out the door. My mother died 2 weeks later because of her injuries. If only the chair had a release in case of power failure, both my parents would still be alive today. I would like to know if we have a case because of 2 deaths caused by a newly purchased lift chair, and what kind of lawyer should I look for to handle it.
ANSWER:
In most product liability cases, the element of a product “defect” (manufacturing, design or warning defect), must be explained through experts because, at least as to complex machinery and products, acceptable standards for design, manufacture and safety are not a matter of common knowledge. However, in product liability cases based on the “consumer expectation” test, expert testimony is more limited, and is generally not admissible to show an ordinary consumer’s minimum safety assumptions about a product.An action for death or injury caused by a defective product, whether brought on a negligence or strict liability theory, must also be filed within two years of accrual of the cause of action. [Fox v. Ethicon Endo–Surgery, Inc. (2005) 35 C4th 797,809, 27 CR3d 661, 669 & fn. 3; Bennett v. Suncloud (1997) 56 CA4th 91, 97, 65 CR2d 80,83].
The kind of lawyer that you need is one who preferably specializes in personal injury cases. As a general rule, each attorney should undertake as much personal investigation as time permits. Information obtained first-hand is usually the most reliable; and a thorough understanding of the facts is essential to competent representation. It would be best to seek personal assistance from a lawyer in order to help you in filing for a personal injury claim.