Omersub Zero Cube Scuba Diving Mask Recall Lawsuit
According to recent reports, the manufacturer of the Omersub Zero Cube Diving mask was recalled due to issues with the glass lens. Original estimates show that approximately 2,600 units of this product were sold to consumers. Original reports show that the lens can shatter causing serious eye injuries. These injuries can be exaggerated when you have a diver who is submersed or diving at deep levels. In such cases, the diver can potentially drown or suffer irreversible injuries to their eyes. If you have been injured from the use of this product, please call our office for a confidential complimentary case evaluation.
Liability for Injuries, Who is At Fault?
Liability for these types of accidents will almost always be placed on the manufacturer. When a manufacturer of a product puts into commerce a product that is defective, they will be held liable for any damages sustained by the end user or consumer. Liability will be imposed on the manufacturer for the harm suffered by the user of the product.
Additionally, liability can be imposed on the resellers or distributors of the product. In such cases it is important to identify which party was at fault. Typically, the manufacturer will be the proper party to pursue a cause of action, however in certain cases you can find 3rd party distributors of the product liable as well.
Common injuries can include eye injuries sustained as result of the shattered glass, drowning and or serious cardiovascular injuries. What you should consider is the totality of your injuries in relation to the accident. If you were diving and the protective eyewear shattered, causing you to ascend at a fast speed, this can cause serious lung issues.
Other common injuries will include ocular injuries to your eyes, which will result in detached retinas or damaged cornea. Our office is considering many different fact patterns, which the user of the product suffered an injury as a result of the failed product. We are currently evaluating multiple cases which involve injuries sustained as a result of sudden eye injuries, which caused the user of the product to absorb sea water causing long term injuries.
If you were hurt as a result of using this product, please feel free to contact our office for a free consultation.
Case value is an important factor for your case. Often times knowing the value of your case will determine whether it is viable to pursue. Typically, it is impossible to provide an accurate assessment of your case, without knowing the extent of the injuries. However, here are some factors you can use to determine the approximate value of your case.
1st- Severity of the injury. How serious are the injuries? Typically, if you have an injury that is not reversible or will require extended periods of time to repair or correct, you will have an increased value to your case. As a measure of damages, anytime you have injuries that are long term or require a procedure to correct, it will change the value of your case.
2nd-Loss of earning. If you suffered any loss of earnings or your ability to work as a result of the accident you can seek recovery for the loss of earning capacity. This will be added as a component of your case as well.
3rd-Long term injuries. In the event that you suffered any long term injuries you will be able to add that to your case. Long term injuries will include loss of eyesight, damaged lungs or any other long term issue suffered as a result of the accident.