Defective Electronic Devices in Tennessee
The numerous media reports of exploding iPods and iPhones, overheating X-Boxes, Dell laptop batteries catching fire, and now, a CPSC recall on ignitable Durabrand DVD players are enough to destroy whatever expectation we Tennesseans had about the safety of electronic devices that we use every day. The good news is that the chances of you getting harmed or your property damaged is very miniscule.
Take for instance a recent investigation into exploding iPods by a Seattle news station. The news station found after receiving information produced as a result of a Freedom of Information Act request that there have been 15 incidents in the United States of iPods overheating, sparking and bursting into flames. Although the number of incidents was reported as an "alarming number", one Business Week analyst put the risk of danger in perspective, providing the following reasoning:
“Apple has sold 218 million iPods worldwide. Let's say there were 1,500 documented cases of these incidents—100 times the number cited in the news report. That would still amount to only 0.000007% of the devices sold. Fifteen cases amounts to a minute fraction of 1% of the devices in circulation. And it's certainly not enough of a problem to warrant a recall by the CPSC.”
Even so, the level of risk does not relieve manufacturers from liability for manufacturing defects. Under TCA 29-28-105, a manufacturer or seller of a product is strictly liable for a defective product in Tennessee found to be “unreasonably dangerous” at the time that it left the manufacturer’s or seller’s control. “Unreasonably dangerous”, according to the code, means that the product is “dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it…” Certainly, an exploding MP3 player is not something your ordinary Tennessee consumer would expect to happen!
Electronic equipment is not supposed to explode and cause harm to users. Indeed, electronic explosions and fires are way outside the boundaries of any reasonable consumer expectations. Consumer expectations of safety are highlighted by the rarity of injuries and the media attention a few defective electronic gadgets receive when they cause a fire or an injury. Though while the risk may be small, however, manufacturers and sellers are still responsible for harms caused by manufacturing defects.
To learn more about how you can receive compensation for injuries caused by a defective electronic device, call 866-853-2888.
Source articles: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09335.html; http://www.kirotv.com/money/20089894/detail.html; http://www.businessweek.com/technology/content/aug2009/tc20090819_085338.htm
