Legal Question in Civil Litigation in Massachusetts
Battery Acid Leaked on Neck
Four days ago my daughter spent the night at my mum's. That evening she was reading with a flashlight crooked under her neck. She felt something wet on her neck. It was battery acid. It has made a burn mark that has since turned black approximately one inch long on her neck. I went to the drug store where the batteries were purchased and asked the druggist what I should do. She told me to put a salve on it and she should be fine except for some minor scarring. It still looks terrible. I will be taking her to the doctor this evening. Should I begin proceedings against the drug store? My mother bought those batteries very recently and they are the store brand. I still have them.
Thank you.
2 Answers from Attorneys
Re: Battery Acid Leaked on Neck
It sounds like you have a claim against the store. However, the extent of damages is not known. If this is a mark that will go away in a week or two, then the damages are minimal. However, if this is a permanent injury, then the damages would be much larger.
Re: Battery Acid Leaked on Neck
You should not rush to "bring proceedings"; it can't
wait forever, but the statute of limitations, based on
what you told me, gives you 2 years minus 4 days
to initiate the suit.
After taking care of your daughter and her medical
needs, which is the most important thing anyway,
this is the time to collect evidence.
Buy some more batteries from the same place
and in the same size and brand; try to
find the same batch, if you tell what
batch the bad batteries were from.
Then give me a call at 617 527-0050 and I'll
give you a toll-free number for future calls! (Or at least write e-mail to me
and tell me where you live and what store sold the
batteries.)
Where did the flashlight come from, anyway,
and when?
Get some photos now of the neck; use up the roll and
get them developped right away.
Preserve your flashlight and batteries and deliver
them to a lawyer; you'll need further instructions on
how to preserve the evidence for a trial, which is
a long ways off -- the evidence could change or be
said to have changed before opposing experts could
examine it to verify your claim that the batteries
were leaking and why.
I think you should contact me right away for additional
specific advice. I also have a series of questions for you
to help you figure out the 'value' of the case and
how to proceed.
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