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Eye Injury Lawsuit: Defective Products – Settlements

Eye Injury Lawsuit: Defective Products – Settlements

A woman with a head & eye bandage lying on a couch

In this article, we’ll break down the following:

When you purchase a product, it is not unreasonable to expect it to work as it should without injuring you in the process. It is also not unreasonable to expect it to come with adequate usage instructions and warnings if inherent risks are associated with its operation.

Unfortunately, this isn’t always the case, and you may end up with a defective product that harms you. When this happens, it is within your legal rights to hold the product designer, manufacturer, or distributor liable for your injuries.

If you have suffered an eye injury from what you believe to be a defective product, you can recover damages from the at-fault party. Here’s everything you need to know about eye injury lawsuit settlements for defective products.

Defective Products and Eye Injuries

The American Academy of Ophthalmology estimates that roughly 2.4 million Americans suffer eye injuries annually. Household products account for an estimated 125,000 of these injuries.

Eye injuries can occur in any number of ways. Medical treatment or a surgical procedure can go wrong, injuring your eye in the process. The medication you take or a product you use can also result in eye damage. You may even be involved in an accident that causes eye injury.

If a defective product causes an eye injury, you may be able to recover damages from the product manufacturer, designer, or distributor. The settlement you get should be able to cover the following:

  • Medical expenses related to your eye injury
  • Compensation for your lost wages and benefits
  • Compensation for permanent vision impairment or loss
  • Vocational rehabilitation
  • Reimbursement for incidentals such as travel-related expenses when getting medical care

A competent product liability attorney will be able to help you determine what a suitable settlement for your injuries would be. That way, you can recover the damages you’re rightfully entitled to.

Types of Defective Products That Can Cause Eye Injuries

There are several different types of eye injuries, each occurring differently. Below are some common defective products that can cause orbital fractures, corneal abrasions, blunt eye trauma, blindness, or loss of an eye.

  • Defective car components
  • Faulty products that cause explosions and fires
  • Hanging objects in a store, restaurant, or any other commercial premises
  • Household chemicals
  • Improperly packaged cleaning products
  • Power tools and machinery
  • Sports equipment
  • Toys with protruding parts
  • Slip and fall accidents

Examples of Products That Caused Eye Injuries

  • A child injured his eye while playing with a magic pocket staff toy his parents had purchased online. The box did not come with any instructions or warnings. The boy’s eye had blood gushing out of it, and upon receiving medical attention, he was diagnosed with hyphema – internal bleeding in the eye.
  • An individual purchased a party decoration kit containing balloons. As they blew up one of them, it burst, causing injury to their left eye. Upon inspection of the remaining balloons, the user identified at least five visible defects.
  • A couple was asleep when a lithium-ion battery next to their bed exploded, causing multiple small fires. At the time of the explosion, the battery was not in use or being charged. The toxic fumes emanating from the fire caused eye damage to one of the victims and significant irritation to their lungs, throat, and skin.
  • An individual was using a bicycle floor pump to inflate their bike tires. Their six-year-old daughter wanted to help and took over pumping. The pump handle came off as she pulled it up, and she lost balance. The young girl fell head-first into the metal pole, which went into her eye, causing serious injuries. The pump handle coming off the main assembly pointed to a design defect.

Overview of Florida Product Liability Law

Florida 2021 Statutes 768.81(1)(d) defines product liability action as a civil suit based on the legal theory of negligence, strict liability, or breach of warranty resulting from the design, manufacture, formulation, construction, preparation, assembly, or installation of a product.

If you have been injured by what you deem to be a defective product, there are three types of product liability actions you can pursue:

  • Design defect: This refers to an error in a product’s blueprint that may cause injuries when used as intended.
  • Manufacturing defect: This refers to an error in a product’s manufacturing process that goes undetected, making the product unsafe when used as intended.
  • Marketing defect: This refers to the failure to warn end users of any inherent risks associated with using the product or failing to provide adequate instructions on proper usage.

There are a few factors you need to consider when filing a product liability lawsuit.

A victim has to address, or prove, the element of causation. To hold an entity responsible for your injuries in a product liability lawsuit, you must demonstrate that:

  1. A relationship between the manufacturer, designer, or distributor and the injury-causing product exists;
  2. The product in question had a defect;
  3. The defect made the product unreasonably unsafe for its intended use; and
  4. The defective product was the proximate cause of your injuries.

Alternatively, if you are suing the liable party for negligence, you must be able to demonstrate that they owed a duty of care to you to act reasonably. You must also prove that their actions breached that duty, causing you harm.

Types of Damages Available in Florida Eye Injury Cases

Eye injury victims can recover punitive, economic, and non-economic damages including, but not limited to:

  • Medical expenses
  • Loss of income
  • Loss of earning capacity
  • Mental and emotional distress
  • Pain and suffering
  • Loss of enjoyment of life
  • Vocational rehabilitation costs
  • Cost of equipment required for visually impaired individuals
  • Disfigurement

The statute of limitation for product liability cases based on strict liability is 4 years. For product liability cases based on negligence, please call us to discuss, as a recent statutory change in the law has caused uncertainty to the limitations period.

Settlements in Eye Injury Lawsuits

The total settlement amount you receive in an eye injury lawsuit can vary widely depending on the specifics of your case. A ballpark figure for mild to moderate eye injuries, such as eye burns, corneal tears, irritation, swelling, etc., would typically be $10,000-$50,000.

On the other hand, severe injuries with devastating consequences, such as permanent vision loss and blindness, usually attract significantly higher settlements.

Factors That May Influence the Amount of a Settlement

Some of the factors that may affect the compensation you recover in an eye injury lawsuit include:

  • The type and severity of your eye injury
  • The at-fault party’s level of negligence or strict liability
  • Availability of insurance coverage
  • The amount of medical care required
  • Medical expenses incurred and other out-of-pocket incidentals
  • The impact of your eye injury on your quality of life
  • Your ability to work in the future
  • Pain and suffering
  • The cost of retaining full-time in-home or residential care if you are unable to perform household tasks yourself due to your eye impairment

Determining the precise value of damages you’re entitled to can be difficult. However, a competent product liability attorney can assess your injuries and economic and non-economic damages to determine a fair settlement amount.

Examples of High-Profile Settlements in Eye Injury Cases

Rozon v. Schottenstein, 2020 N.Y. Slip Op. 31938 (N.Y. Sup. Ct. 2020)

Plaintiff Carola Rozon sued the defendant, Dr. Edwin Schottenstein, for medical malpractice on negligence grounds. In her claim, Rozon alleged that the defendant used an unsuccessful cataract removal and lens replacement technique, causing vision loss in her right eye. Rozon was awarded pain and suffering damages to the tune of $1.15 million.

Devadas v. Niksarli, 992 N.Y.S.2d 197, 120 A.D.3d 1000, 2014 N.Y. Slip Op. 6032 (N.Y. App. Div. 2014)

Plaintiff Johnson Devadas sued defendant Dr. Kevin Niksarli for failing to disclose the risks associated with a LASIK procedure to correct his vision problems. In his lawsuit, Devadas alleges that he developed ectasia after the procedure, a condition that causes progressive diminished visual function. The jury awarded the plaintiff pain and suffering damages to the tune of $3.1 million.

Sackrin & Tolchinsky: Background

Alan Sackrin and Larry Tolchinsky’s cumulative experience in the legal world spans more than six decades. They have successfully represented clients in mediation, arbitration, civil litigation, and appellate matters in a wide range of practice areas, including:

  • Business law
  • Family law
  • Insurance claims/denials
  • Landlord-tenant disputes
  • Personal injury claims
  • Probate
  • Real estate litigation
  • Real estate transactions

Sackrin & Tochinsky’s attorneys work tirelessly to offer the best possible representation for the best possible outcome in legal issues. Our firm adopts the latest technology to keep service delivery costs low for clients and provide personalized professional expertise for fast and fair resolutions.

Sackrin & Tolchinsky’s Experience as Injury Claims Lawyers

Alan Sackrin is a Board Certified civil trial attorney in Florida with extensive experience in product liability, personal injury, automobile collisions, and slip-and-fall claims. He has successfully litigated complex defective product claims against large corporations and helped injury victims obtain the settlement they deserve.

In one of Alan’s several wins, he secured a $350,000 recovery for an uninsured motorist. The plaintiff alleged that he was run off the road by an unidentified driver, even though there was no contact between the two vehicles.

In this hard-to-win case that most law firms would turn down, Alan proved to the jury that his client had no choice but to make evasive maneuvers, which caused the accident. The jury found in favor of the victim.

Get Legal Help

If you or a loved one has sustained eye injuries from what you believe to be a defective product, consult a product liability attorney as soon as possible.

Sackrin & Tolchinsky attorneys have extensive experience representing eye injury victims of defectively manufactured products. They have the knowledge and legal know-how to help you prove your case and get the settlement you deserve.

Get in touch with us today for a free case evaluation to discuss the specifics of your case.

Frequently Asked Questions

What should I do if I have suffered an eye injury from a defective product?

If you have suffered eye injuries from what you believe to be a defective product, here are the steps you need to take:

  1. Seek immediate medical care for your injuries.
  2. Preserve the injury-causing product and proof of purchase, and document everything, including your medical records.
  3. Speak to an experienced eye injury attorney while the events are still fresh in your mind.
  4. Identify the type of product liability lawsuit you’ll lodge. Were your eye injuries the result of a design, manufacturing, or marketing defect?
  5. Identify all the liable parties in your injury lawsuit.
  6. Determine your damages.

How long does it take to receive a settlement in a defective product eye injury case?

The time it takes to receive a settlement in your eye injury lawsuit will depend on several factors, including:

  • How willing the defendants or insurance companies are to enter into settlement negotiations;
  • The duration of discovery, including depositions; and
  • Whether the eye injury victim has recovered enough to determine the level of permanent injury.

Based on these considerations, a case can take a few months to a year (sometimes longer for complex lawsuits).

How much compensation am I entitled to in an eye injury claim?

There is no specific settlement amount for eye injury victims. Each claim is unique, and the recoverable damages depend on several factors, including:

  • The type and severity of the eye injury
  • The at-fault party’s level of negligence or strict liability
  • Availability of insurance coverage
  • The amount of medical care required
  • Medical expenses incurred and other out-of-pocket incidentals
  • The impact of the eye injury on the victim’s quality of life
  • The victim’s ability to work in the future
  • Pain and suffering
  • The cost of retaining full-time in-home or residential care if they are unable to perform household tasks themselves due to their eye impairment

What damages can I claim in an eye injury lawsuit?

An eye injury settlement takes into account your physical, emotional, and financial damages. These include, but are not limited to:

  • Medical expenses
  • Loss of income
  • Loss of earning capacity
  • Mental and emotional distress
  • Pain and suffering
  • Loss of enjoyment of life
  • Vocational rehabilitation costs
  • Cost of equipment required for visually impaired individuals
  • Disfigurement

What evidence do I need to prove my eye injury claim?

If you file a product liability claim for eye injuries due to a defective product, the settlement will likely be paid off by the defendant’s insurance provider. Keep in mind that insurance companies aren’t in the business of making settlement payouts unless they have to. They will usually defend the claim from the outset.

For this reason, you, through your attorney, have to present a solid case backed by evidence if you hope to recover a suitable settlement. Common types of evidence in eye injury claims include:

  • Accident and/or medical reports
  • Medical bills
  • Photographs of your injuries
  • Photos of the defective product and the product itself
  • Proof of purchase
  • Photos of the scene of the incident
  • CCTV footage
  • Eye witness statements
  • Financial evidence to prove loss of wages

Do You Have A Question? Call Alan Sackrin Today For a Free Case Evaluation

As a Board-Certified Civil Trial Expert for over 40+ years, Alan Sackrin has extensive experience with product liability lawsuits. He offers a free initial consultation (over the phone or in-person) to answer your questions. When you’re ready to speak with an expert civil trial lawyer about your product liability case, call Alan at 945-458-8655.