We were sitting in our living room when the bulb in the ceiling fan exploded. The pieces of the bulb fell and burned the upper lip of my 15 month old child. We did not do anything to the fan or bulb. These are the same bulbs that have been in the apartment since we moved in 3 yrs ago. The two other rooms have the same bulbs installed.
My question: Is there any legal action that can be taken? Damages? Money for pain and suffering? Thanks.
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ANSWER for "Light Bulb Exploded and Burned Child...":
Hopefully your child didn't suffer any serious injuries. If your child was injured and required medical attention you certainty would have a legitimate claim against the landlord.
From the facts you present the bulb was installed either by the landlord, or by the previous tenant. Even if the bulb was installed by the previous tenant it would probably be the responsibility of the landlord to have made sure the bulbs in your apartment were either changed or at least monitored for wear before leasing the property to you.
Absent any medical bills or medical attention your son may have required at the time of the explosion, now or into the future, you really don't have a claim. A claim must be predicated upon a verifiable medical injury. The injury and the cost of the treatment are what insurance settlements are normally based upon.
Now that you are aware of the possibility of exploding bulbs in the house it's your responsibility to change them. If you don't and another bulb explodes and injures someone you will have a difficult time pursuing a legitimate legal claim.
A person must take all reasonable action to mitigate a potential hazard when they become aware of it. This would certainly be a good time for to think about changing all of the bulbs in the apartment.
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.
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