Legal Question in Personal Injury in California

Personla Injury

Bought a ''Thermos'' type bottle dispenser and when attempting to drink hot tea, the liquid came out of an area not expected. Burned my chest, went to the doctor, and now after nearly two months I have a visible burn scar on my chest. Can I sue for pain & suffering in small claims even though there are no real medical bills?

Asked on 6/16/09, 4:21 pm

2 Answers from Attorneys


Re: Personla Injury

Well, you do have a "real" medical bill---the bill from your dr. visit. You need to get a copy of that--not just your ded or copay--but the total gross bill. Then you need photos of your burns/scars and then you'll need a proper address as to where to serve "thermos" with the lawsuit.

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Answered on 6/17/09, 2:15 pm
David Lupoff Law Offices of David B. Lupoff

Re: Personla Injury

I find your question to be one of the interesting ones because your level of damages actually may depend on whether you are male or female. Many attorneys would not vocalize this, but the reality is that a woman's chest is usually worth more than a male's chest, generally speaking.

Next, what is the nature and extent of the burn?

With that said, product liability cases are very difficult to prosecute because they usually require experts which could cost thousands of dollars, on top of litigation costs, including depositions, etc..

You could go to small claims court, but you need to contact the company and find out who their agent for service of process is. Feel free to contact this office at 877.505.INJURY for a free consultation.

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Answered on 6/17/09, 2:46 pm

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