While a viewer was using a lighter, the device exploded in his face. There were significant scarring. Is there anything he can do?
Haley Blanco: Best time of the day. Time for some free legal advice on “The Law & You,” and joining us, we have attorneys Ed Ciarimboli and Harry McGrath. Great to see you both.
Ed Ciarimboli: We’re glad to be here.
Harry McGrath: Yep.
Ed: Glad to be here.
Haley: We have a very interesting question to get to today so let’s take a look at this one. This comes from Paul in Hazleton. Paul is saying, “I was recently using a Bic lighter and it exploded in my face. I have significant scars. What should I do?” That is a scary situation to be in.
Ed: It really is and the thing is, Paul, that you didn’t specify what type of lighter it was. Was it a small lighter? Was it a longer lighter? So there are some lighters out there, Bic and some other products, that are on the market right now where there has been some product recalls. Because the igniter if you flip it down, it causes too big of a spark and it ends up exploding the lighter fluid that’s in the lighter. So you can potentially have a case. I’m going to let Harry tell you what you’re going to need to hold onto the lighter because if you don’t hold on to this particular lighter, you’re going to be out of the box.
Harry: And that goes for any time you have a potential products liability situation. You need to have that product. Don’t tamper with it. Don’t touch it. Don’t try to use it again. Leave it in the condition that it was and again, there’s a lot of factors that come into play before you can actually prove something in a products liability setting. But first and foremost, you need the actual product that malfunctioned and you need to make sure you preserve it in that same condition.
Ed: Yeah, if you don’t do that, you are not going to be able to pursue it. There’s no case, no matter if there’s a specific recall, if there’s a specific defect, if we can’t essentially see it and then find out exactly what the defect is to match it up with the problems that this particular problem is having, you’re gonna be out of the box.
Haley: So, all right, so keep that lighter and then give these guys a call for more help. You can find them online and like them on social media and if you have questions for “The Law & You,” you can submit them online at pahomepage.com.
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