Visitor Question

Whiplash from defective patio set…

Submitted By: Deb (Eagan, MN)

I bought this patio set in May. The metal broke when I sat in the chair and my head and neck slammed into the patio. I have whiplash and I don’t know when it’s gonna get better. I’ve been going to physical therapy 2 times a week and the night it happened I had to go to the hospital emergency room.

I found out online this happened to someone else 2 yrs ago. It was almost the same product, just different arms on the chair but the exact same design. Tomorrow the company’s insurance is calling and I’m supposed to get my bills that I have to pay together.

The adjuster also said he would give me something for my pain and suffering.

What would be a fair amount? I’ve had to turn down helping drive a school bus when they call me for summer jobs. Thank you for any information you can give.

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 localĀ attorney.

Answer

Dear Deb,

Before you consider settling be absolutely sure you are fully healed. The State of Minnesota has a two year statute of limitations period for the filing of a personal injury claim. This means you must either settle your injury claim or file a lawsuit within two years from the date of your injury. So you have plenty of time.

You may also have the basis of a separate product liability claim against the retailer who sold you the defective patio furniture, as well as the manufacturer.

You can also go online and see if there are any class actions which have been filed against the manufacturer. If so, you may be able “opt in” to the class action. To do so doesn’t require you to may any fees. If the class action is eventually settled you will receive a portion of the settlement.

If you choose to settle your personal injury claim you might consider asking for about 3 – 4 times the total amount of your medical bills. This is a traditional method used by attorneys for determining settlement amounts. You can negotiate down from there.

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: August 26, 2013

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