What Legal Aspects Should You Consider If A Defective Electronic Device Had Injured You?

hand holding a mobile phone battery burn due to overheat

You were charging your smartphone one day when it exploded and caught fire. You may have successfully put the fire out, but it left you with second-degree burn injuries. As you know fully well that you didn’t charge your smartphone beyond the maximum charging time specified in its owner’s manual, you can safely assume that you’ve had a defective smartphone all along. You shouldn’t waive your consumer rights though if a defective smartphone or any other electronic device injured you, and here are some aspects that you should consider should you wish to take action against its manufacturer:

  1. File a compensation claim against the insurance provider of the manufacturer of the defective electronic device that injured you.

To shield themselves from being held liable under the law in case a product that they put out turns out to be defective, manufacturers of electronic devices avail of product liability insurance.

  • But an electronic device manufacturer carrying product liability insurance shouldn’t scare you from filing a compensation claim against their insurance provider. As long as you didn’t wreck or mishandle the electronic device in question, its manufacturer’s insurance provider is supposed to approve your claim and offer you with an initial settlement amount to compensate for the injuries that their client’s product had caused you.
  • However, the manufacturer of the defective electronic device that injured you may resort to denying that they had anything to do with what happened to you. You’ll thus want to have a lawyer on your side who can assist you in taking legal action against them.
  1. Consider proposing an out of court settlement with the manufacturer of the defective electronic device that injured you and their defense lawyer.

You may feel that the initial settlement amount being offered to you by the insurance provider of the manufacturer of the defective electronic device that injured you might not be enough to shoulder the total costs that you’ve incurred as a result of the injuries caused by their client’s product.

  • Thus, you and your lawyer can open up the idea of an out of court settlement with the defective electronic device manufacturer along with their defense attorney.
  • The ideal outcome of either mediation or arbitration between you and the defective electronic device manufacturer should be that a final settlement has been reached and will get awarded to you.
  1. File a lawsuit against the manufacturer of the defective electronic device that injured you.

lawsuit form with attorneys hand and pen

But if the defective electronic device manufacturer still isn’t willing to compensate you for the injuries that their product gave you, you can threaten them with or simply go straight to filing a lawsuit against them. You’ll want to hope though that the judge who’ll hear your case decides in your favor so that you can earn your rightful compensation.

Juries in courts across the entire United States have handed out as much as almost five million dollars to people who have won the personal injury lawsuits that they filed against manufacturers of various defective products in 2015 according to the Insurance Information Institute. Holding a manufacturer of a defective electronic device that injured you liable may prove to be challenging at first given that they have more money to pay for attorneys who’ll defend them against your claim. But by taking note of the above-listed legal aspects for you to consider and discussing them with your lawyer, you can have a better chance to get compensated for the pain and suffering that your injuries have caused you.

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