Visitor Question

A Bed Collapsed and I Suffered a Laceration to My Foot…

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Chris,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 19, 2010

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