A woman is suing Apple due to her claim that her iTouch exploded and burned her in the eye, according to recent reports. The Nacogdoches, Texas, woman stated that she was lying in bed with her iTouch beside her as she listened to music. She felt a burning sensation in her eye and found that the device had exploded. An electrical shock apparently left the iTouch and burned her eye.
Mechanical Failure of Electronics Can Be Deadly
Although injury and death from mechanical failure of electronic devices is not common, these items are so ubiquitous that it is probably inevitable that some tragedies will occur. Electronics still operate on an electrical signal, and cell phones also emit radiation. While the amounts are not usually enough to kill a person, serious burns and other injuries can occur.
Death from electronic appliances is far more likely to occur when another factor such as water is involved. Every year, about 60 people die from electrocution by household products. In many cases, these electrocution deaths occur in and around water, as when a plugged-in appliance falls into a bathtub. Others are electrocuted by faulty wiring or other problems that lead to shocks from everyday objects.
Can I Sue For An Electrical Injury?
In many cases, victims of electrical injuries caused by appliances or electronics can collect damages from the manufacturer if three factors are present:
- The device must have been made or designed by the company in question. In cases where devices contain components from more than one manufacturer, more than one defendant may be named in the case, or only the manufacturer who designed or produced the defective component.
- The device must have caused personal injury or death.
- The user must have been operating the device in a way that can be construed as “normal use.”
In some cases, there are exceptions to these rules. A personal injury attorney can explain to victims the laws that apply to their particular cases.
Injury victims may be able to recover several types of damages. In the iTouch case, the victim is seeking damages for pain and suffering, compensation for her scarring, disability, and loss of enjoyment of her usual activities, as well as medical expenses, and mental and emotional distress anguish.
The plaintiff in this case is also seeking punitive damages and attorney’s fees. Punitive damages do not figure into every personal injury case; in most instances, they are awarded when a company has behaved with callous disregard for the safety of consumers. However, there is no limit on the amount of punitive damages that can be awarded, and most of the very large lawsuit settlements in history included some form of punitive or exemplary damages.
A personal injury attorney can examine your particular case and help you understand your rights and what you may be able to collect in damages. A personal injury lawyer will also help you file your lawsuit and pursue a settlement of your case.
