If a cell phone flash literally left me blind for a day and my eye is still swollen and I cannot see, what are my legal rights?

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If a cell phone flash literally left me blind for a day and my eye is still swollen and I cannot see, what are my legal rights?

My girlfriend got one and brought it over last night and I have been up all night in pain and my eye is still swollen shut and super sensitive to light from the flash on it. There is no way that is safe. My eyes were fine when she took my picture. This cannot be safe. I have searched online and others have had the same problem.

Asked on January 5, 2012 under Personal Injury, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the flash is too strong, too intense, a dangerous frequency or wavelength of light, etc.--that is, it is designed and/or manufactured in a defective and dangerous way--the manufacturer could be liable for any injuries. However, before filing a lawsuit, consider the following: product liability lawsuits are expensive, and you'd have to prove (i.e. get experts) that the flash is dangerous; also, the amount of money you can recover is limited to the extent of your injuries and costs. If the pain, etc. passes in another few days with no lasting effects and without you incurring significant medical costs, it is very unlikely to be worthwhile taking legal action.


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