I was sleeping in the ‘zero gravity’ chair in the fully reclined position on my porch. It suddenly completely collapsed, pitching me backward, slamming my head on to the concrete floor. I have a concussion with a good size lump on the back of my head, as well as a neck injury. My arm was also hurt and I have a small cut on my hand.
Since this occurred at my home, can the manufacturer of the chair be sued? Would an attorney take a case like this on a contingency basis? Note: The chair is only 1 yr old and I weigh less than half of the weight limit for the chair.
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.
The pursuit of an injury claim against a chair manufacturer is commonly called a Product Liability or Defective Product claim. To prevail in a product liability claim against the manufacturer of a product will require you to show the following:
- The manufacturer owed you a duty of reasonable care under the circumstances, such as making or selling the zero gravity chair free from dangerous defects and risks
- The manufacturer’s actions breached the duty of reasonable care owed to you
- The manufacturer was the main or only cause of your injuries
- You actually suffered some kind of injury
Further, because product liability claims tend to be complex and hard-fought by the manufacturer’s legal team, for these claims to succeed will usually require a showing of serious injury.
Fortunately, your injuries do not appear serious enough to merit such a claim. In light of your injuries it would likely be difficult to find an attorney to accept your claim.
However, that does not mean you should not get your case reviewed by an experienced product liability attorney in your area. Most reputable injury attorneys give a free consultation to injured claimants. Be sure you bring all evidence you have, including treatment records and bills, so the attorney can accurately evaluate your case.
Learn more here: Dangerous Furniture Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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