Should I file a lawsuit?
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Should I file a lawsuit?
I use lenscrafters for my eye care.
Last year in December, 2015 I got a
pair of prescription sunglasses from
them. They had a defect on the left
lens which was very obvious to me when
I first got them. I knew that I could
take them back and they would fix them
but I didn’t make the time to do that
and continued using them. The defect
became less obvious to me overtime.
This past Thursday I got my annual eye
exam and my left eyes vision has
decreased. I’m not sure if this is a
direct result of the defect of my
lenses but I can’t find any research.
If my vision did decline because of the
defected lenses than its not right I
have to live the rest of my life with
deteriorated eye sight because of their
error.
I’m wondering if I have a case to file
a lawsuit?
Asked on July 31, 2016 under Personal Injury, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You would have to prove that the defect in the lens caused your vision loss.
It would be advisable to be examined by an ophthalmologist to determine if the defective lens caused your vision loss. The ophthalmologist would need to write a report to that effect.
Without a medical report from a doctor supporting your claim that the defective lens caused your vision loss, you don't have a case.
The chain store and manufacturer of the lens could assert the defense of assumption of the risk because you continued wearing the glasses for eight months. Assumption of the risk means that you recognized and understood the danger and voluntarily chose to encounter it. Another defense that could be asserted is contributory negligence which means that you contributed to your injury by continuing to wear the glasses for eight months.
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