To estimate what you could recover in court if you brought a Bair Hugger lawsuit, you need to think about the type of claim you would bring. Here are some categories and categories of damages commonly associated with them.Negligence/Products Liability/Misrepresentation
The manufacturers of Bair Hugger blankets must guarantee that they are safe. Additionally, they need to identify and broadcast and risks or dangers connected with its usage. If they do not deliver on either of these obligations, and you are hurt while using a Bair Hugger blanket, by sustaining an infection or other wound for instance, then you should look to collect on the following damages:
- All medical expenses incurred as a result of the Bair Hugger injury.
- All lost income/investment/wages incurred as a result of the Bair Hugger injury.
- All pain, suffering, and reductions in the quality and standard of life as a result of the Bair Hugger injury.
- All disfigurement sustained as a result of the Bair Hugger injury.
If someone dies from the use of the Bair Hugger blanket, then their estate can seek recovery for his or her death and those damages might include the following items:
- Expenses (burial, medical, etc.) incurred as a result of the death.
- Loss of support/services/companionship as a result of the death.
- Any pain and suffering that the decedent experienced before he or she died.
- Any pain and suffering that the relatives experienced as a result of the death.
Finally, many victims wonder if they can also receive punitive damages in their Bair Hugger lawsuit. They are quite common in other kinds of cases and so people wonder if they are applicable here. These damages are meant to prevent others from acting similarly to the defendant. In the context of a Bair Hugger injury or death, you need to show that there was actual malice or recklessness on behalf of the manufacturer in order to obtain punitive damages. While this might be hard to show, it is not stopping others from seeking them in their lawsuits against the makers of the Bair Hugger blanket and it should not stop you.
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?
- What are the laws surrounding Bair Hugger accidents?
- Is there a class action lawsuit against the makers of Bair Hugger?
- Have there been any cases involving Bair Hugger blankets?
- Is there a time limit when I have to file my Bair Hugger lawsuit?