Can I sue a diaper company for burns on my son from their diapers?

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Can I sue a diaper company for burns on my son from their diapers?

My son suffered blisters and open sores from wearing huggies diapers. I contacted them and all they done was give me a refund of the cost of the diapers. I contacted them again and all they offered was $20 more for his suffering. I don’t think that that’s nearly enough. What can I do?

Asked on October 25, 2016 under Personal Injury, Virginia

Answers:

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

Answered 4 years ago | Contributor

Prior to filing a lawsuit against the manufacturer of the diapers, it may be possible to settle the case with the manufacturer's insurance carrier. Notify that insurance carrier in writing of your son's personal injury claim.  Your son also has a claim against the store where the diapers were purchased.  Notify the store's insurance carrier in writing of your son's personal injury claim.
Your son will need medical treatment to document his injury.
When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports.  Your son's personal injury claim filed with the manufacturer's and store's insurance carriers should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with both the manufacturer and store, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit for negligence and strict liability against both the manufacturer and store.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective.  The store is liable even if it could not have known the diapers were defective.
Strict liability is liability whether or not due care was exercised.
Negligence and strict liability are separate causes of action (claims) in the lawsuit.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled with either party (manufacturer and store), name both as defendants in the lawsuit.
If the case is settled with one but not both parties, only name the party with whom the case has not settled as a defendant in the lawsuit.
If the case is NOT settled, the lawsuit on behalf of your son must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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