When we buy products as consumers we expect them to work safely. We don't expect or anticipate that a product will cause a severe injury such as a burn to a child. In a West Palm Beach lawsuit for a burn injury to a child from a defective product, a manufacturer may be liable if it had a duty to use reasonable care to prevent a child from being injured, and failed to do so. However, in a cause of action for products liability a defendant only needs to warn a consumer of foreseeable dangers. For example, although it is foreseeable that children may get hold of a cigarette lighter, and that they will hurt themselves or others by using the lighters inappropriately because it is not childproof, it is not foreseeable that a child will buy a lighter or otherwise obtain one without the involvement of an adult. Accordingly, if a lighter package is labeled "keep out of reach of children," that is a sufficient warning to demonstrates that the manufacturer appreciates the hazards that a lighter poses in unsupervised little hands. However, cigarette lighters are marketed to adults and intended for adult use. Therefore, it is reasonable for the manufacturer to assume that the warning on a lighter is sufficient and adequate for the adult purchaser to be warned of the danger a lighter may pose for a child. Thus, a manufacturer is not required to childproof its lighters to satisfy its duty of reasonable care. Moreover, a lighter without childproof features is not defective as a matter of law.
If your child is suffers a burn injury due to the negligence of another, you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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