If my heating pad caught on fire and burned a hole through my mattress/blankets and I received first degree burns and suffered minor carbon dioxide poisoning, do I have a case?

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If my heating pad caught on fire and burned a hole through my mattress/blankets and I received first degree burns and suffered minor carbon dioxide poisoning, do I have a case?

I was using a heating manufactured by soft heat.

Asked on April 6, 2017 under Personal Injury, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether you have a case in the sense of can you get a judgment against them depends on whether this happened due to a defect in the pad, or because of your misuse or becaue it was damaged at some point after you bought it. The manufacturer would only be liable if it was defective.
But even if they were liable, it's almost certainly not worth suing. You can only recover for the injuries and costs you suffered. For 1st degree (the most minor) burns and minor CO poisoning, you'd likely get only a few hundred dollars (at most) over your out of pocket (not paid by insurance) medical costs; you could spend as much or more on the lawsuit as you'd get back.


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