Plastic Adirondack chair fell apart...

by Julann

I sat in a brand new plastic Adirondack chair, bought at a nearby store, and it fell apart into 4 pieces. I injured my back in the incident. I am contacting the manufacturer as soon as possible. Do I have grounds to sue the manufacturer? Do I have any other recourse? Can I sue the store where I bought the defective chair?

Thanks for any information you can give.

Visitor Question:
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ANSWER for "Plastic Adirondack chair fell apart...":

Julann (Maryland):

It is likely all the manufacturer will do is say they regret the incident, and will be happy to send you another chair. You can be sure they won't admit their chair was defectively designed, manufactured, improperly marketed. To do so would invite many more personal injury claims.

You would likely have an easier time pursuing the retailer who sold the chair to you. The retailer shares similar liability to the manufacturer. They both had a duty to sell the chair so it would not collapse under normal use.

In the facts you present, you don't mention receiving any emergency medical treatment. Realistically, unless your injuries were serious enough to require medical treatment, you will have a difficult time finding an attorney who will accept your case.

This is a claim you won't be able to handle on your own. In the event your injuries required medical treatment you may find an attorney to accept your case. However, you can be confident the retailer won't readily admit the chair was the direct cause of your injuries.

A lawsuit against a retail store will bring out the retailer's attorneys. These attorneys will be formidable, and use an array of legal tactics against you.

You have nothing to lose by seeking consultations with a number of personal injury attorneys in your area. Most will not charge for an initial office consultation. Bring along copies of your medical bills, receipts for out-of-pocket expenses like medications, and a written verification from your employer reflecting lost wages (if applicable).

After reviewing the circumstances leading to your injuries the attorneys will be able to afford you a good idea of the viability of your claim and the prospects for a successful resolution.

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.

Best of luck,

Judge Calisi

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