Can I sue a cigar company for the plastic melting and burning my face and hands?
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Can I sue a cigar company for the plastic melting and burning my face and hands?
I was trying to light a blk cigarillo and the plastic tip caught fire and I moved it away from my lips to blow out
the flame. Before flame was out the plastic melted onto my fingers, I shook my hand in pain to get the plastic off and it flew from my hand to my eye and eyelash. My eye was literally sealed shut with plastic. I removed the piece of plastic holding my eye shut and had immediate swelling to the lid and burns covering my entire right eye upper and lower. My eye has scabs and burns and possible scarring now and I have burns on my finger still as well. I took pictures of the injuries, still have the melted cigar tip and the plastic from my face and a hospital record from having to go to the E.R. Nowhere on the packing does it warn these tips can catch fire nor have I ever had one catch fire especially like that. Can I sue for injures and trama or disfigurement to my
face because I will have scarring?
Asked on November 3, 2019 under Personal Injury, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have personal injury claims against the manufacturer and the store where you purchased the cigar.
Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for the manufacturer and store. Your claim filed with those insurance carriers should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with both insurance carriers (manufacturer and store) , no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective. Strict liability is liability whether or not there was due care.
The store is liable even if it could not have known the product was defective.
If the case is not settled with either party (store and manufacturer), name both as defendants in your lawsuit for negligence and strict liability.
If the case is settled with one but not both parties, only name the party with whom the case has not settled as a defendant.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
As for contacting the manufacturer, try a Google search for the company.
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