I am currently an undergraduate student at UCSD. On 6/19/2011, after using a breathing exercise device called Powerlung, I sustained a serious injury (tore muscles that are used for breathing - diaphragm, abdominal, intercostal). The pain was so severe that I spent every day lying down, moving as little as possible to minimize pain. Prior to using the device, I led a very active lifestyle; I swam, ran, and surfed often. I used Powerlung to supplement my aerobic exercise to get in better shape, but the product ended up ruining my life.
What is my option at this time? The statute limitation ends in 7 days; I have spent past two years suffering greatly and my injury has not healed. The injury is putting a great financial and emotional strain upon my family.
Many more facts would be required to determine the viability of a products liability claim but link one below summarizes products liability basics.
Go with the California attorneys on the statute of limitations problem. Statutes vary from state to state. Link two below addresses the policy behind such statutes.
Get your medical records together, get your prior correspondence together, and get the product and meet with a personal injury attorney immediately. There are many personal injury attorneys here on AVVO who handle product liability cases who you can contact. You can also call our offices to discuss your potential claim. Whatever you do, you need to take steps now to protect the statute of limitations before it expires if you want to be able to pursue the claim.
When the statute of limitations expires you will never be able to seek legal recourse for your injuries. You must immediately address filing the law suit against the appropriate defendants and name adequate Doe defendants so that later discovered entities may be brought into the law suit.
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