I sustained a serious burn to my skin from a massager that was on my
leg (in the off position) while I was asleep. I need to locate a
specialist that would be able to test the massager and prove that it
is defective, thus why it overheated and burned my leg. This is the
first time I've ever used this service, so I hope I'm doing the right
thing. Where do I find an expert who could test my massager? |
Request for Question Clarification by
pafalafa-ga
on
02 Feb 2005 18:37 PST
nutritionist-ga,
What sort of test do you have in mind?
By this, I mean, if the massager heats up to dangerous levels, it
should be obvious -- turn it on, let it heat up, and touch it!
What sort of testing beyond this are you looking for?
It might also help to understand a bit of the context of why you wish
to have it tested? For instance, testing wouldn't be needed to file a
complaint with government safety agencies. It might be needed if you
are planning legal action (and who could blame you if you are?), but
if so, you're probably more in need of a lawyer than some sort of
professional testing service.
Anyway, let us know a bit more, and we'll see if we can help out.
(and thanks for giving us a try).
pafalafa-ga
|
Request for Question Clarification by
pinkfreud-ga
on
02 Feb 2005 21:43 PST
All the heating massage units that I've ever used have had a statement
such as "DO NOT USE WHILE SLEEPING" or "NOT FOR USE WHILE ASLEEP"
somewhere in the documentation. Before going to the trouble of looking
for experts or attorneys, you may want to check the user's guide or
instruction booklet.
|
Clarification of Question by
nutritionist-ga
on
03 Feb 2005 08:02 PST
Thank you for your assistance. I really wasn't sure how much detail I
should go into. I have a product liability atty. He said I definitely
had a case. The plaintiff was notified, I was deposed, and photos
were taken of the nasty scars. My attorney evidently sent a demand
letter (which he did not send me a copy, nor did he consult with me
re: the amount of money he asked for in the suit) I recently received
a letter from the attorney saying that the plaintiff only offered
$500.00, but "if a significantly lower demand was made, I believe that
she would offer more money, maybe a couple-few thousand, but I am not
certain" "If you want me to try and settle the case in that range, I
will try. If you want to pursue litagation to see if a jury would
award you a greater sum, then you will need to retain another lawyer
as I will not be willing to file suit..........I've been unable to
locate examples of similar problems with this type of device. It
would be necessary to hire an electrical engineer or other type of
expert to exam and test the massager to try and figure out what went
wrong. However, the expense would be upwards of $10,000.00."
OK, this is how I see it: (just like you)
You turn the massager on, let it overheat, and have someone regarded
as an expert to certify that it is defective. I can't imagine it would
cost $10K, but I need to find someone to ask.
Secondly, and this will be another question I will submit: Is my
attorney's treatment of this case ethical, as he might have to be
reported, ie take on my case, and with very little effort on his
behalf send a demand letter asking for so much money that it
antagonized the other party leading them to offer $500.00. He'd have
nothing to lose, as it appears his intent was to write a letter and
cash in. If the other party doesn't respond with a big offer, then
drop me . In summary, did he practice in an ethical manner, and if
not, how do I report him.
I am NOT greedy. If I am awarded any type of settlement, I will use
it to pay for my sister's physical therapy, as she lives in chronic
pain. I suffered immensely, but my pain is gone.
I'm sure now you have more information than you asked for, but this is
basically my situation. I appreciate your help and interest in my
question.
Sincerely, Nutritionist
|
Request for Question Clarification by
pafalafa-ga
on
05 Feb 2005 13:05 PST
Hello again.
I've been giving this some thought, and here's what I've come up with:
--There are certainly experts out there who could serve to evaluate
your massager. Here's just one example:
http://www.expertwitness.com/form/profile.phtml?uname=SCHUCH528
It might make sense to concentrate in your local area, so if you let
me know your city and state, I'll see if there are some local experts
to meet your needs.
--It strikes me that an affidavit from an appliance repairman would be
just as credible -- if not moreso -- than one from some high-falutin'
"expert". Run this suggestion by your lawyer, and see what they
think.
--It may well be that there ARE similar complaints about the massager
-- or even legal cases -- that your lawyers didn't find. We're
awfully good at finding things here at Google Answers. You may want
to post a separate question identifying the massager in question, and
asking for a comprehensive search for overheating problem reports.
As for the ethics of your lawyer's actions...Whew!....I ain't touching that one.
Good luck...let me know what you think.
pafalafa-ga
|
Clarification of Question by
nutritionist-ga
on
07 Feb 2005 05:54 PST
Thanks for your thoughts. I wonder if an appliance repairman could do
it. I live in Palm Beach, Fl.
|
Clarification of Question by
nutritionist-ga
on
07 Feb 2005 05:58 PST
Dear Pafalafa:
Good idea about posting another question. I will do just that.
Thanks
|
Request for Question Clarification by
pafalafa-ga
on
07 Feb 2005 12:56 PST
Glad to hear that my suggestions seemed like good ones.
As for your current question...what would you like at this point?
I can certainly provide some suggestions for specialists in the Palm
Beach area that you might want to consult with about the massager.
However, before posting an answer, I just wanted to check in and make
sure you still want this sort of information, even as you pursue some
other options.
Let me know,
pafalafa-ga
|
Clarification of Question by
nutritionist-ga
on
13 Feb 2005 07:24 PST
Dear Pafalafa,
You've been great and I really appreciate your efforts. If you could
ID some locals, I'd say mission accomplished. I'm also going to post
the other question re: researching if there were any other defective
massagers. Do you have any advice for me as to how much I should
offer to pay? I want to be fair, and I'm brand new at this. As they
say, you get what you pay for. Thanks you for your time. Have a happy
and healthy day.
|
Clarification of Question by
nutritionist-ga
on
13 Feb 2005 07:31 PST
Dear pafalafa,
Just to clarify, I'd agree that a local expert may include an
appliance repair man, if they still exist in this disposable world we
now live in.
|
Hello nutritionist-ga,
Thanks for getting back to me on this.
Here are some Florida-based consultants you could consider, though I
imagine their services might be a bit more pricey than would make
sense for this particular case -- still, no harm in asking. Contact
information is included at the links provided:
http://www.expertwitness.com/form/profile.phtml?uname=MCCABE
Mr. Bob McCabe, P.E.
American Metallurgical Consultants
http://www.expertwitness.com/form/profile.phtml?uname=HAYNES765
Mr. Gene Haynes
Matrix Engineering
Extensive experience assisting attorneys and insurance adjusters
regarding automotive, residential and industrial electrical product
designs and failures. Performed the analysis of electrical and
electromechanical failures resulting in fires, equipment and property
damage, and personal injury.
http://www.expertwitness.com/form/profile.phtml?uname=EASON
Paul D Eason, Ph.D., P.E., CFEI
E4 Consulting, Inc.
==========
In addition, here are some appliance repair operations in your neck of
the woods to consider:
http://www.aaa-appliancefl.com/
AAA Appliance Services, Inc
1225 N. Military Trail
West Palm Beach, Florida 33409
Phone:(561)689-8885
M & S Air Conditioning & Appliance Inc
(954) 956-8433
Palm Beach, FL 33480
http://www.ac-florida.com/
Willsons Appliances
Palm Beach, FL 33480
(561) 655-9289
Hope one of these does the trick!
As for posting a follow-up question, I still think it's a good idea,
though it's a bit hard to offer any guidance on price, as it depends a
good deal on how thorough a search you are after.
A relatively quick search could be done on newspaper databases for
reports about your particular appliance. This could be researched in
under an hour, and I would suggest $25 as a reasonable price.
For a more comprehensive search (newspapers, court cases, government
records), a lot more work is involved. For this, I think a question
priced at a similar level to your current question would be more
appropriate.
Keep in mind, that for all questions (including this current one) the
work isn't finished until you are fully satisified with the results.
So please don't rate this answer until you have everything you need.
If there's anything else I can help you with, just say the word, and
I'm at your service.
Best of luck,
pafalafa-ga |
