What can I do if I was using a blender when the container exploded and shards of sharp plastic went into my knee and arm?

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What can I do if I was using a blender when the container exploded and shards of sharp plastic went into my knee and arm?

It caused minor bleeding and bruising. The minimum amount of personal injury occurred but it could have been much worse. The machine is under warranty and I have photo evidence documented. Should I take the manufacturer to small claims court?

Asked on May 15, 2015 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It doesn't matter how much worse it "could" have been--the law does not deal in possible or potential injury, but only in actual injury. If you sue, you can only recover the sum of 1) your actual out of pocket (not paid or reimbursed by insurance) medical costs; 2) lost wages, if any; and 3) pain and suffering IF you suffering significant impairment or disability lasting weeks or longer--which you'd have to prove with, among other things, medical expert testimony, which can be very expensive (medical experts do not work cheap). Furthermore, unless the manufacturer is based locally, you can't sue in small claims court--you'd have to sue in "regular" court (county or district court), which is more complicated and expensive. Based on what you have written, it is questionable whether a lawsuit is worthwhile.


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