California Defective Boiler Injuries Lawyer

Maison Law represents boiler accident victims in California. If you or a loved one has been injured in a boiler accident, the attorneys at Maison Law are here to get you the compensation and legal support you need. Contact Maison Law today for a free consultation and case evaluation.

Do I Need a Lawyer for Boiler Injuries in California?

If a defective boiler caused you to suffer injuries you can file a product liability claim against the insurance of the:

• Manufacturer
• Designer
• Retailer
• Distributor

If the accident was fatal, then the family of the decedent would file a wrongful death claim. However, it is recommended to speak with a product liability lawyer before discussing the incident with the liable party’s insurance. Defective boiler accident victims who partner with attorneys tend to get more compensation than those who do not. An attorney can seek damages through product liability lawsuits based on:

1. Strict liability: a manufacturer can be held responsible for strict liability. A plaintiff must prove the product was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defects:
   1. Manufacturing defects
   2. Design defects
   3. Warning defects (inadequate warning)
2. Carelessness: requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution of their product, which caused substantial injuries.
3. Breach of warranty: warranties guarantee a boiler’s performance, but if a part fails to meet these guarantees, a breach of warranty could be pursued.

Product Liability Claims in California

California recognizes strict product liability claims for products, such as boilers, that are alleged to be:

• Sold with a manufacturing defect
• Defective in design
• Defective due to inadequate warnings or instructions

According to the California Supreme Court, any person whose injuries were reasonably foreseen may bring a product liability claim against a manufacturer or distributor. This is applicable in the case of Elmore v. Am Motors Corp (1969), which essentially states that a distributor is directly liable to anyone who is injured by their defective product because they’re responsible for making the product available to the general public. No direct relationship needs to exist between the liable and injured parties, so a plaintiff does not need to be the actual purchaser of the defective product to file a personal injury lawsuit.

Who is Liable for Boiler Injuries in California?

Potentially liable defendants in a boiler lawsuit must fit specific requirements. The potential liable parties must be both:

• In the chain of distribution for the product. This includes:
  • The manufacturer
  • The wholesaler
  • The distributor
  • The retailer
• Engage in the business of marketing or distribution of the product

Any party involved in the chain of distribution of a boiler can be held responsible for the injuries a defective boiler may cause. An injured victim, or plaintiff, can assert a product liability claim by proving any one of the potentially liable parties was a part of the chain of distribution of the boiler. If the defective boiler was due to a defective component part, then manufacturers generally cannot be held liable for the harm caused by a component part if it was supplied by another company and used along with their product.

What Does “Reasonably Foreseeable” Mean in a California Boiler Injury Claim?

California Law requires manufacturers of boilers to anticipate how consumers will use, and even misuse, their product. If a consumer is injured due to the foreseeable use or misuse of the boiler, then the manufacturer can be held strictly liable. Boilers are typically safe products unless safety precautions are ignored, then they can become bombs. For example, as covered in USA Today, a boiler explosion lifted the roof off of a gymnasium at a school in Santa Ana. The blast ripped off a door and blew it 75 feet. Other doors were blasted off their hinges, ceilings were damaged, and the roof was disconnected from its load-bearing wall. Fortunately, no one was hurt, but the potential for severe injuries or even death exists when boilers are not properly maintained.

If an injury did occur in this scenario, it would be up to a jury to determine whether the liable parties took reasonable precautions to prevent the explosion and whether or not the use or misuse of the particular boiler was reasonably foreseeable.

What Compensation Can I Receive for Boiler Injuries in California?

Defective boilers can result in devastating injuries, causing traumatic physical, emotional, and financial hardships for many people. After boiler explosions, victims are often left with permanent injuries and medical debt. When examining your claim, an attorney can calculate the value of your damages based on the following items:

• Emergency room treatment
• Hospital bills
• Medications and medical equipment
• Ongoing treatment for current and future medical needs
• In-home care
• Lost income
• Loss of consortium
• Emotional pain
• Pain and suffering
• Loss of enjoyment of life

These damages are a combination of economic damages and non-economic damages. The total of these damages will be a solid indicator of what your compensation will likely be. In California, non-economic damages are capped at $390,000, so your attorney will likely be able to determine their value based on the severity of your injuries, medical treatment, and financial losses.

Contact A Defective Boiler Injury Lawyer in California

Victims injured by defective boilers have legal options and the right to seek compensation. At Maison Law, our product liability attorneys have experience using multiple legal avenues to hold manufacturers, retailers, distributors, and other responsible parties liable for your damages. If you or a loved one has suffered injuries due to a defective boiler, our legal team will help you navigate the complexities of product liability lawsuits and ensure you receive full compensation for your damages.

Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our legal services and you will not be charged a cent until your case is won.