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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 91915
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I just installed a Glacier Bay medicine cabinet in my parents

Resolved Question:

I just installed a Glacier Bay medicine cabinet in my parents bath room, my dad was in the bath room and when he opened the med cab door it fell apart and he fell with it sustaining 3 lacerations and a lot of stitches. The backing was still attached to the wall and the staples that held the frame to the backing was showing, they are only 1/8th of an inch long I took photos and still have all the broken parts... so My question is, do i have a case?????

Thanks
Robert
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Are you saying the cabinet itself fell apart or did it come unattached from where you attached it?
Customer: replied 1 year ago.

exactly.. when my dad opened the med cab door which is a 20x 26 inch beveled mirror door, the weight of that alone pulled the framing of the med cabinet off the backing which was attached to 2 2x3 studs in the wall. The med cab was one piece and separated leaving the back piece still attached to the wall and the frame shelves and mirror on top of my dad on the floor...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Wow, yes, if this was the case, then this would fall under product liability law, for which the manufacturer is strictly liable for all damages caused.

Because there was an injury, the manufacturer is liable for the cost of the cabinet PLUS all medical bills and pain and suffering of your father. Thus, you need to start by carefully photographing the cabinet from all angles making sure the photographs are very clear.

Second, you need to get a local cabinet maker to examine the cabinet and write a report on how it was defective (manufacturing or even a design defect) specifically.

Once you have done this, you need to determine the amount of the damages. Add up all of your dad's bills from his injury (including what insurance paid) and any loss of work or other expenses directly related to the injury, that is his medical claim, then his pain and suffering on top of that would be about 1-3 times the amount of his medical claims (ask for 3 x his medical costs so you have bargaining room), then add in the costs of the cabinet and damage done to the wall.

You would then write a letter to the manufacturer making a demand for damages. You would describe the defect, what happened, include a copy of the written report from the cabinet maker and also photographs in your letter. Then itemize the damages in your letter and demand the manufacturer pay them and tell them they are by law strictly liable for those damages.

They are in all likelihood going to negotiate a settlement on this with you, but if they refuse, you would then move to sue them under product liability law for your father's damages.




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Law Educator, Esq., Attorney
Satisfied Customers: 91915
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Law Educator, Esq.
Law Educator, Esq.
Personal Injury Lawyer
91915 Satisfied Customers
Licensed Attorney. Over 20 years experience in personal injury and law enforcement.