Quote:
Originally Posted by VladtheImpaler
Sorry, late to this.  I tend to avoid OT forum these days.
I personally don't touch product liability cases as the reward is generally not worth the PITA factor, but no doubt some injury lawyer in town would look at it. Presumably, the dental specialist can provide an estimate of future treatment costs, plus the child is entitled to some amount of money (not too much I would think) for "pain and suffering", in addition to whatever costs you have incurred to this point. You have effectively 9 years to sue (2 years from 18th birthday), so there is no real rush to do anything. You might check online to see if there is any lawsuits related to this issue in the US.
Fundamentally, you have to prove that the item did not function as it reasonably should have, and that this defect in fact caused the injury. That means, if needed, having an expert (engineer?) take the thing apart and determining what actually happened and why. Common sense is insufficient. You, as the claimant, have to actually establish what actually caused the chain of events, and then that this was "unreasonable" in the circumstances.
That's off the top of my head - I have been up since 3 today, so could be stupid. Call around... |
Piggybacking on this to add that like Vlad, I do personal injury law but product liability law is a different animal altogether. For product liability claims, might want to try -
Pipella Law - 403-265-8733
Clint Docken, Guardian Law - 403-800-7768