Your Bair Hugger blanket lawsuit could conceivably take one of the following forms:
Negligence: This would be an action at common law. The basic premise of your suit would be that the manufacturer acted unreasonably-less than what another manufacturer would have done in the circumstances-and that conduct caused you injuries that produced economic or non-economic damages.
Failure to Warn: Failure to warn cases fall in the realm of products liability. As opposed to negligence actions, this is a strict liability lawsuit and you therefore do not have to prove the defendant acted unreasonably. You just have to prove a set of facts including, in these circumstances, that the defendant's lack or insufficient warnings/instructions (regarding the Bair Hugger) caused your injuries when you were reasonably/foreseeably using the defendant's product.
Defective Design: Defective design causes of action also are a breed of strict products liability. In this instance, you would be alleging that the design of the product (the Bair Hugger in these circumstances) was deficient, could have been better, and was the cause of your injury after you used it in a reasonable/foreseeable manner.
Misrepresentation: Misrepresentation cases fall under the regime of contract law. Generally, they state a claim that one party made materials statements or actions that induced another to act and enter into a contract. Applied here, one could say that the manufacturers of the Bair Hugger induced consumers into buying them by convincing buyers that they were safe when they in fact were not.
For additional information see the following pages:
- What is a Bair Hugger blanket?
- What are the risks of using a Bair Hugger?
- Has the FDA taken any action against the makers of the Bair Hugger?
- Is there a class action lawsuit against the makers of Bair Hugger?
- Have there been any cases involving Bair Hugger blankets?
- What damages could I recover in my Bair Hugger lawsuit?
- Is there a time limit when I have to file my Bair Hugger lawsuit?