Q: If a torch lighter stays lit after you release the button and the lock is not on which then catches a bed on fire with i
With injury to someone the lighter was at fault can I hold the maker of the lighter responsible
A:
In a product liability case like this, there are a few key factors to consider under California law:
1. Defective design or manufacturing: You would need to show that the lighter was defectively designed or manufactured in a way that allowed it to stay lit even when the button was released and lock not engaged. This defect would need to have caused the fire and injury.
2. Foreseeable misuse: Even if used incorrectly, if the lighter's defect allowed a foreseeable misuse to result in injury, the manufacturer may still be liable. Leaving a lighter lit unattended near flammable objects like a bed could potentially be argued as foreseeable misuse.
3. Failure to warn: If the risks of the lighter staying lit were not obvious and no warning was provided, this could support a claim. Adequate warnings about proper use and risks are required.
4. Causation: You'd need to prove the defective lighter was the actual and proximate cause of the fire and injuries, as opposed to other intervening factors.
5. Comparative fault: California follows a pure comparative negligence rule, meaning damages are reduced by the percentage of the plaintiff's own fault. If the lighter user's negligence contributed to the fire, it could reduce recovery.
Ultimately, the viability of a product liability claim depends heavily on the specific facts. More details would be needed about the lighter malfunction, circumstances of the fire, and resulting injuries. It's best to consult with a qualified personal injury attorney who can evaluate the situation and advise on the strength of a potential case against the lighter manufacturer. Proving a defect claim poses challenges, but cases have succeeded where evidence shows an unreasonably dangerous defect caused foreseeable injuries.
A: Maybe, but it’s unclear why the bed caught on fire. It’s not hard to see the flame, which calls into question why you didn’t see it.
A: One of the first things an attorney is going to ask is why you ignited a lighter on a bed, or close enough to a bed to have sheets catch on fire. Good luck
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