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Lawgirl, Lawyer
Category: Legal
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My husband was hospitalized with copd and released with oxygen.

Resolved Question:

My husband was hospitalized with copd and released with oxygen. My complaint is that the co. that we got the oxygen had faulty equipment and therefor my husband was not getting the right amount of air over a period of a couple weeks and had to be readmitted to the hosp . Shouldn`t the oxygen co. be liable for his hospital and ambulance fee on his second visit to the hospital?? I would appreciate any help you could give us.
Thank you XXXXX
Submitted: 5 years ago.
Category: Legal
Expert:  Lawgirl replied 5 years ago.

Lawgirl :

Thank you for your question. I am sorry to hear about your husband. Did the company selling the oxygen equipment know their equipment was faulty?

JACUSTOMER-t3pvt7ym- :

yes we were told by two people after the fact.

Lawgirl :

We knowing after the fact may not be enough for them to have liability. Therefore, the company that manufactured the equipment may have the liability if the company that sold it had no reason to know that it was faulty.

Lawgirl :

The difference is between strict liability and negligence.

Lawgirl :

To the extent that you have no way of knowing who is responsible for the faulty equipment, then this may be a situation wherein you retain an attorney to go after both the company that sold the equipment and the company that manufactured the equipment for your husband's damages. They will be in the best position to point the finger at each other and help you prove elements of your case to determine who is responsible. However, since product liability cases can be tricky, it may be a good idea to move forward with the assistance of a local attorney who can provide you the requisite guidance.

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