Client purchased a"Yankee Candle Company" candle. It was the glass jar type. When he removed the lid the rubber ring detached and the glass sliced his finger resulting in four stitches and permanent nerve damage.
16 days till statute up.
Most frequently, attorneys require at least two criteria to be met before determining that a case is a good candidate for litigation: 1) strong liability facts (i.e., the defendant was negligent or the product was clearly defective and we can prove it); and 2) very significant damages that will offset the time and expense involved in pursuing the recovery. In this case, I'm afraid that it is the second prong that seems most problematic. Perhaps since there are only 16 days left under the SOL, a small claims court filing pro se should be contemplated to simply preserve the statute to allow more time to negotiate a resolution. Best wishes.
This sounds like an attorney asking for advice on behalf of a client. Waiting until 16 days before the statute runs to start analyzing a potential products case is asking for trouble. I suggest picking up the telephone and contacting several attorneys with experience in products liability matter. And I suggest doing it RIGHT NOW.
Nothing whatsoever contained in this answer or response should be interpreted to create an attorney-client relationship. No such relationship exists.
Damages for this type of product case must justify expenses including engineering expert and investigation is unlikely able to be completed in 16 days as well. Burn up the phone lines and good luck.
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