By purchasing a product, you have the right to expect that it’s safe and effective when used as intended. When you buy a fire extinguisher, it’s essential that the unit works without fail, each and every time. Otherwise, there are potentially fatal consequences for you and your loved ones.
If a fire extinguisher is defective and causes harm to one or more individuals, you may have grounds to file a product liability lawsuit. The Los Angeles defective fire extinguisher attorneys of Normandie can help you take action and obtain the compensation you need in order to move forward with your life. Please contact our office today for a free consultation if you were injured because of a product defect.
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How can I Tell if a Fire Extinguisher is in Good Condition?
Generally, fire extinguishers do not have a specific expiration date, so at best, we can say that you will get anywhere from 5 to 15 years of usage out of a fire extinguisher. To find out how old your fire extinguisher is, here are some things to look for:
- An inspection sticker (on the side of the unit)
- If the pressure gauge needle (not applicable on every model) is pointing to the green area
- Corrosion, rust, and others signs of wear and tear
Another option is to ask the manufacture, as they can tell the age of the fire extinguisher by the serial number. Of course, it’s possible that you checked for all these things, but you’re still unsure as to whether your fire extinguisher is in good working order. If it looks very old or you have any doubts, replacing the item altogether is the best course of action. Renters, by the way, have the right to ask their landlord to cover the cost of any new fire extinguishers.
Recall on Kidde Fire Extinguishers
You may not be aware that Kidde issued a recall in 2017 for about 38 million fire extinguishers. The manufacturer advised that these items may “become clogged or require excessive force to discharge and [could] fail to activate during a fire emergency.” Furthermore, there was a possibility of the nozzle detaching “with enough force to pose an impact hazard.”
According to the Consumer Product Safety Commission, there were almost 400 incidents of nozzle detachment or “limited activation,” leading to one fatality and at least 16 injuries. This is not counting 91 incidents of damaged or destroyed property.
Injuries Associated with Defective Fire Extinguishers
Burns are the most common and serious type of injury caused by fires. However, a fire resulting from defects with a fire extinguisher can cause other injuries, such as:
- Complications from inhalation of smoke, soot, and ash
- Inhalation of toxic chemicals
- Frostbite (direct skin contact with carbon dioxide)
- Eye injuries
- Hypoxia (oxygen deprivation)
Liability for a Defective Fire Extinguisher Accident
If a fire extinguisher fails because of a defect, the manufacturer may be liable for any harm to you and your loved ones. Sometimes, the liable entity may be the owner of a property, like the landlord. Perhaps they were aware that a fire extinguisher was too old and needed to be replaced, or they were informed of a recall. If they failed to get a new extinguisher and there is a fire on the property, they may be sued along with or instead of the manufacturer.
Another possibility has to do with venues where the fire extinguisher or suppression system is ineffective. In that case, it may be a business owner that is sued, or a public entity, like the City of Los Angeles or the Los Angeles Unified School District.
Consulting a Los Angeles Defective Product Lawyer
There are many elements that have to be proven in order to hold a product maker responsible for damages to the consumer. Due to the complexities that are involved, we suggest that you contact our law firm immediately. An experienced product liability lawyer can help you in the following ways:
- Establishing a specific basis for the claim, such as a design flaw, negligence at the factory, failure to warn of potential risks, etc. Then, you must show that the injuries you sustained were a direct result of one or more failures by the manufacturer.
- To sue the manufacturer for medical expenses, pain and suffering, and other damages, you must conclusively prove that you used the product in a “reasonably foreseeable way.”
- You must show that all the damages you are claiming occurred because of the product’s defect. For example, the insurance company may argue that certain injuries in your lawsuit are due to another event of pre-existing health conditions.
Another important aspect is negotiating for a fair amount of compensation. The manufacturer’s insurance company has their own legal team, so they will come up with all sorts of loopholes and stall tactics to avoid paying you. This is why victims must have their own legal representative, who can work through these issues and negotiate for the best possible offer.
Compensation for Injury Victims
The exact value of an injury case is based on factors that have to do with each individual’s claim. With that in mind, we would have to meet with you and learn many details about your experience to come up with an accurate case value. Your settlement or jury verdict from a lawsuit for defects with a fire extinguisher may include:
- Cost of medical treatments and services
- Lost income and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
- Punitive damages
Zero Fee Guarantee
Right now, you may be thinking about how much it costs to hire a lawyer to help you with a defective fire extinguisher injury case. We completely understand, and that’s why we are happy to offer you the Zero Fee Guarantee. From day one, you pay $0, and we agree to take your case on contingency. We do not get paid until the defendant releases your settlement check, which includes the cost of legal services. If we do not secure payment on your behalf, you owe us nothing, so there is no impact on your finances at all.
For more information on this policy and all the other ways we can help you, contact Normandie Law Firm 24 hours a day, 7 days a week.
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