A Bed Collapsed and I Suffered a Laceration to My Foot...
by Chris (Ft. Lauderdale, FL)
While at the home of a relative, I sat on a bed which collapsed on the back of both feet. The left heel suffered a laceration which required immediate emergency care and sutures. We have a picture of the injury. The right foot was badly bruised.
I contacted the company to inform them of the faulty product. After 14 days I have not received a call back. I am an adult female, normal weight and size. Had this bed collapsed on my grand daughter the injuries would have been excessive.
I wish to follow up with a demand letter. What should I write in it? Thank you for your assistance.
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ANSWER for "A Bed Collapsed and I Suffered a Laceration to My Foot...":
You are looking to pursue a products liability claim against the bed maker from the sounds of your query. While products liability cases are held to a strict liability standard, you would need to prove a bit more than simply sitting on the bed which resulted in its collapsing beneath you.
Was it latched or secured properly? If so, was there some defect in the bed that you can point to in order to substantiate why it fell?
These are the kinds questions you would be faced with if you chose to pursue a claim against the manufacturer of the bed. This may end up being an unfortunate accident for which there is no liability.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.