Cell Phone Injuries
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Can a Cell Phone Cause Injuries?
As cell phones become more common, so do reports of injuries related to cell phone use. Aside from injuries related to talking on the phone or texting while driving, many personal injuries arise from:
- Severe burns by overheating
- Exploding batteries
- Fires caused by overheating
What Legal Issues Arise from Cell Phone Injuries?
Depending on the type of injury, there are a variety of causes of action available to someone who was injured by a cell phone.
1) Product Liability – Someone who has been burned, shocked, or otherwise severely injured from a cell phone or a part of a cell phone exploding or catching fire may be able to sue the manufacturer of the phone or of a certain part of the phone under a products liability theory. In general, there are two types of defects:
- Design Defect: A phone has a design defect if the design itself makes the product unsafe. For instance, if a phone battery is too close to a circuit that makes the battery hotter than usual and the phone catches fire as a result, there is a design defect.
- Manufacturing Defect: A phone has a manufacturing defect if the phone’s design is fine but the way the phone was manufactured was faulty. For instance, if wire is not soldered properly within a phone, and it causes the phone to fail, there was likely a manufacturing defect.
2) Negligence – Someone who was injured by texting and driving may be able to recover for their injuries under a negligence theory. Negligence requires the injured party to show that the defendant's breach of duty caused an injury to the plaintiff.
3) Recklessness – Because of how inherently dangerous it is, some states elevate texting a driving a recklessness, which can result in increased damages as well as potentially the option of punitive damages.
Should I Seek Legal Advice?
Negligence lawsuits can be incredibly complicated, with products liability being just as difficult if not more so. If you have been injured by a cell phone or have been injured by someone else’s improper use of a cell phone, you should seek the advice of a local, experienced personal injury lawyer immediately. Not only can a lawyer help you navigate the long, complicated legal process, but is also the best way to ensure you are compensated for your injuries.
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Last Modified: 06-03-2014 04:44 PM PDT
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