Scarring and disfigurement lawsuits can be filed by any victim of heat and chemical burns, mechanical damage, or abrasion, as the result of a manufacturer or other person’s negligence.
Another person can be negligent. For example, a car driver may not see a motorcyclist until too late – causing the motorcyclist “road rash” from sliding and rolling across the street upon collision. A parent may accidentally knock over a pot containing boiling water onto a child. In these situations, the disfigurement was no fault of the motorcycle or pot manufacturer.
However, in our highly industrialized society, many cases of scarring and disfigurement result from defective products. There are two types of products liability situations – defective manufacturing and defective design. Victims of defective manufacturing have a relatively easy time showing that their injuries were the result of the manufacturer’s negligence.
However, victims of defective design must show that the design was inherently dangerous, such that scarring and disfigurement were foreseeable consequences of the product’s normal use. For example, in one case, facial scarring was caused by the hard, plastic surface of a “time bomb” toy, which was meant to be thrown hurriedly and excitedly before the alarm sound went off. In another case, a “sketcho” toy’s glass shattered, slashing a boy’s skin and embedding aluminum powder under it, causing blotchy scars.
Plaintiffs in scarring and disfigurement lawsuits do not need to have any special qualifications, such as being a homeowner, a legal worker, a citizen, or resident of the country. Because these are lawsuits, personal injury attorneys are paid a percentage of the total damage award, and clients will have no out-of-pocket fees. In short, there is nothing preventing a person who has been wrongfully scarred and disfigured from filing a case at their local state courthouse.