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I bought a duracell powerpack pro 600 watt, it caught on…

Customer Question
HELLO THERE Lawyer's Assistant:...

HELLO THERE

Lawyer's Assistant: Hi. How can I help?

I bought a duracell powerpack pro 600 watt, it caught on fire in my car and the whole car caught on fire

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NJ The fire company came and it was investigated and it was the duracell charger that started the fire, I bought it from Amazon but the brand is Duracell. Who is responsible because my vehicle it totaled.

Lawyer's Assistant: What steps have you taken so far?

I contacted Amazon but they are waiting on the police report which I will get tomorrrow I have not contacted Duracell yet No one was hurt but it was sitting right next to my daughters car seat, thank goodness she wasn't in the car. My vehicle is getting towed tomorrow, the damage is extensive.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all, I have photos, I called 911 and I will get the police report tomorrow

Submitted: 11 days ago.Category: Legal
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Answered in 7 hours by:
7/11/2018
Lawyer: Olivia Kent, Attorney replied 11 days ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,077
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that.
.
If there is anyone responsible for this it would be the person who sold the object to you OR the manufacturer of the object. The reason I phrased it that way is because what a party may be responsible for depends upon what is "foreseeable"... in other words... let's say someone has a phone and it catches fire and the building that it's in blows up (I know... crazy example...) but it's not necessarily foreseeable that just because a little phone catches fire that a whole building will blow up - so the manufacturer/seller may not be responsible for the building but they may be responsible for a percentage of the damages. Any time you have a situation where you or your property has been damaged, that would be a matter that would go through court - and, when possible (depending upon the amount you're seeking), small claims court. And, as with all actions, it's always important to show that you tried to work it out with the other party - because courts like to see that people didn't just sue and take up court resources without trying to work it out themselves. You would also want to consider a Demand Letter b/c you might be able to force a settlement without having to sue simply by having a lawyer indicate that you will sue. Generally demand letters cost $250-$400 so you'd have to decide if it's worth it to you to have a lawyer draft one - although you can absolutely draft one on your own. Either can be used as an exhibit if you do end up in court. Small claims court is designed to be a very user friendly - faster/cheaper/easier than any other state court - and you can present your claim with an attorney (although the recovery is less). The court clerk would be able to prove you with the forms you need or I'd be happy to look for them to see if they are available to you online.
*If you feel the seller/manufacturer did something wrong you can also report them to the State Attorney General's Office for their business practices as well as to Consumer Affairs.
*As far as evidence (whether you end up in litigation or you simply need it for negotiation purposes)...Write down important details - first the positive (helpful details) for each event and then the negative (details helpful to the other side) - if there are details helpful to the other side. Then below that write down who you can use as a witness or whether specific evidence (emails/texts/voicemails/documents) exist that would be helpful to your case. Documents like that are invaluable. Presenting your evidence in a logical, specific, detailed manner can go a long way in resolving the matter - and you'll know you're prepared if you end up needing to be. The reality is that when you're in court it's VERY easy to forget what you want to say - and even if you do remember it you're not always able to present it in the most easy to understand manner, which is why it makes sense to write down a timeline of events. Documentation is your best friend in anything that could potentially involve litigation.
*If you're looking for an attorney the best place I now to look would be Martindale Hubble (site rules prohibit us from referring specific attorneys). Their website information is: www.martindale.com - It's a very large nationwide database of attorneys that allows you to search by state and by specialty so you can interview attorneys and see if they would be interested in taking your case. In your situation, you can put in PRODUCTS LIABILITY for the type of attorney you're looking for.
Please let me know if that answers your question - and please ask if you have any additional questions; I'd be happy to answer them. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you; a bonus is always appreciated but by no means required. Sometimes people aren't aware that experts don't get any credit from the website for the time and effort that we spend on our answers unless you rate it positively - and we get instantaneous notification of customer ratings, i.e. who gave what. 5 STARS is always nice :) You can still ask follow up questions after rating - and of course please ask if you need clarification to anything I've written. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Reminder: This site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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