If injured by a product do I sue the store that sold it, the manufacturer, or both?

Question Details:

I purchased a razor-edged hand tool from a retail home improvement chain in 01/09. It was packaged in clear plastic with the razor edge exposed. There was no warning of sharp tool edges or protective covers on the blades. While opening the package, the razor sliced the tip off my finger. It was re-attached with 5 stitches but is still painful, scarred, and not usable for some functions. I have the tool in packaging and photos of my injured finger. I would like compensation for my injury, pain and loss of finger use. Should I contact the store, the manufacturer or both. Do I need an attorney?

Asked 12/18/2009 under Personal Injury | 203 View(s) | More Legal Topics

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Personal Injury Law Answers

Joseph Farzam / Joseph Farzam Law Firm Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I am sorry about your horrible experience.  You ask a very good question.  Too often lawyers are even uncertain and end up suing all entities involved.  The Defendants usually fight it amongst themselves and figure out who should be held responsible.  In most cases they all pay a portion of the damages and settle.  If the original packaging was altered by home depot or some other entity, they of course they would be responsible.  However, if the original manufacturer was negligent in packaging and/or providing adequate warning, then Home Depot may not be responsible unless home depot had complaints of similar incidents giving it notice of such dangerous condition.

Your injuries are serious enough to warrant hiring an attorney.  I will be happy to take your case on a contingency basis.   http://www.farzamlaw.com

Regards,

Joseph Farzam (310) 226-6890

Norman Gregory Fernandez / Law Offices of Norman Gregory Fernandez Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I do products liability cases all over the State of California. Give me a call ASAP for a free consultation at 800-816-1529 x.1. You may also check out my personal injury website at http://www.thepersonalinjury.com

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