Can I be compensated the manufacturer barbecue grill of my for my burn injuries?

I was using the grill for the first time and it flashed back at me catching me on fire. I have severe burns to both hands and on front of both legs. I am under doctor’s care for this injury and he has recommended that I see a plastic surgeon. I am a young mother of 2 small children and I am having difficulty in taking care of them due to this injury. Can I be compensated by the manufacturer for this injury?

Asked on April 23, 2017 under Personal Injury, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Both the manufacturer of the barbeque grill and the seller (store where you purchased the grill) are liable for your injuries. The store is liable even if it could not have known the grill was defective.
The manufacturer and seller are both liable 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 is liability whether or not due care was exercised.
Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for the manufacturer and seller.
Notify both 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 treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with both insurance carriers should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are 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 both insurance carriers (manufacturer and seller), NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file your lawsuit for negligence and strict liability against the manufacturer and seller. If the case settled with one but not both parties, only name the party with whom the case has not settled as a defendant in your lawsuit.
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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