Products Liability Claim for Eye Injury

The following legal filing is an example of products liability claim related to an eye injury.  In this specific instance an inflatable party confection burst, allegedly causing permanent ocular injury and vision loss.  This example was derived from a case originating in a California State Court, and is for informational purposes only.  The names of the parties are redacted.  This example should not be construed as legal advice.

General Allegations

1) Plaintiff is a resident of the city of __, County of ___, State of California.

2) The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants sued herein as Does 1 through 150 inclusive are unknown to plaintiff who, therefore, sues said defendants by such fictitious names. Plaintiff will seek leave of court to amend this Complaint ton assert the true names of said Defendants when such information becomes available.

3) Plaintiff is informed and believes, and thereon alleges, that each of the fictitiously-names Defendants is negligently responsible or responsible in some other manner for the occurrences alleged in this Complaint, and that plaintiff’s damages were legally caused by the conduct of these fictitiously-named defendants.

4) Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, defendants and each of them were the agent, employee and joint venture of each of the remaining defendants and in doing or omitting to do the things alleged herein, each was acting within the course, scope and purpose of said agency, employment and joint venture with the acquiescence, subsequent ratification, permission, and consent of each and every remaining defendant.

5) Plaintiff is informed and believes, and thereon alleges, that at all times herein mentioned each of the Defendants was the successor-in-interest to each of the remaining Defendants, and on that basis, is liable for any act, or omission, of said Defendants alleged in this Complaint.

6) Plaintiff is informed and believes, and therein alleges, the Defendant ___, is a corporation existing under and by virtue of the laws of the State of California, with its principal place of business in Santa Fe Springs, ___ County, State of California, and is doing business as ____.

7) Plaintiff is informed and believes, and thereon alleges, that Defendant ___ is a corporation existing under and by virtue of the laws of the State of California, with its principal place of business in ____, ___ County, State of California.

8] Defendants Does 1 through 150, and each of them, is a business entity whose exact name and form are currently unknown to plaintiff are and were authorized to do business and doing business in California.  Plaintiff is informed and believes, and thereon alleges, the Defendants ____, dba ___, ___, and Does 1 through 150, and each of them, were doing business in California, and that they manufactured and sold the defective [product], as further described in this Complaint, thereby seriously injury plaintiff’s eye on or about [date].

9) Plaintiff is informed and believes, and thereon alleges, that Defendants ____, dba ___, and Does 1 through 150, and each of them, at all times relevant herein, were distributors of [product], which were purchased by Plaintiff, and which ultimately malfunctioned, as further described within this Complaint, thereby seriously injuring plaintiff on or about [date].  Further, plaintiff is informed and believes, ans therein alleges, that Defendants ___, and Does 1 through 150, and each of them, at all time relevant herein, owned, maintained, or controlled the premises which plaintiff lawfully entered to obtain access to purchase the defective party balloons which malfunctioned, as further described within this Complaint, thereby seriously injuring plaintiff on or about [date].

10) Venue is property in the Judicial District because the Cause of Action arose in this Judicial District.

FIRST CAUSE OF ACTION FOR PRODUCTS LIABILITY PREDICATED ON NEGLIGENCE BY PLAINTIFF AGAINST ALL DEFENDANTS

11) Plaintiff hereby incorporates by reference paragraphs 1 through 10, inclusive, of his/her general obligations as if fully set forth herein.

12) At all times herein mentioned, Defendants ___, dba ___, and Does 1 through 150, and each of them, were engaged in the business of manufacturing, designing, assembling, compounding, testing, inspecting, packaging, labeling, fabricating, constructing, analyzing, distributing, servicing, merchandising, recommending, advertising, promoting, marketing, and/or selling a certain ____, for use by members of the general public.

13) At all times herein mentioned, Defendants ___, and Does 1 through 150, and each of them, were engaged in the business of distributing, supplying, assembling, and selling, or were in the chain of distribution of the previously-described ____.

14) Defendants ___, dba ___, and Does 1 through 150 and each of them had a duty to excercise care not to negligently manufacture or design or distribute defective ___.  Defendants and each of them had a duty to inspect the [product] and a duty to give warning of the dangerous conditions of the [product], which are likely to be dangerous to consumers.

15) At all times herein mentioned, Defendants ____, dba ___, and Does 1 through 150, and each of them, knew or in the exercise of reasonable care should have known, that the previously-described [product] was a product of such a nature that if it were not properly manufactured, designed, assembled, compounded, analyzed, distributed, services, merchandised, recommended, warned, instructed, advertised, promoted, marketed, and sold, for the use and purpose for which it was intended, it was likely to cause serious injury to the person or persons by whom it was used and for whose safety it was originally intended.

16) At all times herein mentioned, Defendants ___, dba ___, and Does 1 through 150, and each of them, so negligently and carelessly manufactured, designed, assembled, compounded, tested or failed to test, inspected or failed to inspect, packaged labeled, fabricated, constructed, analyzed, distributed, serviced. merchandised, recommended, warned, instructed, advertised, promoted, marketed and sold the previously-described [product] so that it was in a dangerous and defective condition and unsafe for the use and purpose for which it was intended when used as recommended by the defendants, and each of them, thereby breaching their duty.

17) The defective and dangerous character and condition of the previously-described [product], in that it was unsafe for the use and purpose for which it was intended when used as recommended by Defendants ____, dba ___, and Does 1 through 150, and each of them, was known to Defendants ____, and each of them, was known to Defendants, dba ___, and Does 1 through 150, and each of them, or in the exercise of ordinary care should have been known and discovered by them.  Furthermore, the dangerous and defective character and condition of the previously-described [product] was not made known to plaintiff by Defendants ___, dba ___, and Does 1 through 150.

18) Prior to the incident of ___, Defendants ____, dba ___, and Does 1 through 150, and each of them, sold, for valuable consideration to plaintiff the previously-described [product].

19) On or about ___ while plaintiff was properly operating ___ in order to use them as ______, a purpose for which the [product] were intended, and as a legal result of the aforementioned negligence and carelessness of Defendants ___, dba ___, and Does 1 through 150, and each of them, the [product] malfunctioned by bursting and releasing toxic substances which got into plaintiff’s eyes, thereby causing serious and severe injuries to plaintiff.  Such injuries include but are not limited to blindness.

20) As a legal result of the negligence of the Defendants ___, dba ___, and Does 1 through 150, and each of them, plaintiff was hurt and injured in her health, strength, and activity, sustaining injury to her eyes and person, all of which injuries have caused and will continue to cause her great mental, physical, and nervous pain and suffering.  Plaintiff is informed and believes, and thereon alleges, that such injuries will result in some permanent disability to her.  As a result of such injuries, plaintiff has suffered general damages in an amount to be proven at the time of the trial of this action.

21) As a further result of the negligence of the Defendants ____, dba ___, and Does 1 through 150, and each of them, plaintiff has incurred, and will continue to incur, medical and related expenses for physicians, surgeons, hospital care, and other medical services and supplies.  The full amount of these expenses is not known to plaintiff at this time.  Plaintiff prays leave to amend this Complaint to state the amount when it becomes known to him.

22) As a further legal result of the negligence of the Defendants ___, dba ___, and Does 1 through 150, and each of them, plaintiff has necessarily suffered a loss of earning capacity, and he/she is informed and believes, and thereon alleges, that she will continue such a loss for an indefinite time in the future.  Plaintiff’s earning capacity has been greatly reduced, all to her further special damages in amounts currently unknown.  Plaintiff prays leave to amend this Complaint to assert the true amounts when they are ascertained.

23) WHEREFORE, plaintiff prays judgment against Defendants ___, dba ___, and Does 1 through 150, and each of them, as hereinafter set forth.

SECOND CAUSE OF ACTION FOR STRICT PRODUCTS LIABILITY IN TORT BY PLAINTIFF AGAINST ALL DEFENDANTS

24) Plaintiff hereby incorporates by reference paragraphs 1 through 22, inclusive, of her general allegations as if fully set forth herein.

25) Defendants ___, dba ___, and Does 1 through 150, and each of them, manufactured, designed, assembled, compounded, tested or failed to test, inspected or failed to inspect, packaged, labeled, fabricated, constructed, analyzed, distributed, serviced, merchandised, recommended, warned, instructed, advertised, promoted, marketed, and/or sold a certain product of [product], which were intended by the Defendants ___, dba ___, and Does 1 through 150, and each of them, to be used in the following manner: ____

26) Defendants ___, dba ___, and Does 1 through 150, and each of them, knew that the previously-described [product] were to be purchased, an used without inspection for defects by plaintiff and the general public.

27) The previously-described [product] were unsafe for its intended use because of defects in its manufacture, design, testing, warnings, installation, components and constituents, so that it could not safely serve its purpose, but would instead expose the users of said product to serious injury because of failure of Defendants ___, dba ___, and Does 1 through 150, and each of them, to properly guard, protect, design, manufacture, distribute instruct, or warn the users of the previously-described {product] from these defective propensities.

28) Plaintiff was notr aware of said defects at any time prior to the injuries caused by the previously described [product].

29) Prior to the incident of [date], Defendants ___, dba ___, and Does 1 through 150, and each of them, sold, or otherwise transferred for valuable consideration to plaintiff the previously-described party balloons.

30) On or about [date] the previously-described [product] were sold to plaintiff for plaintiff’s use by Defendants ___, dba ___, and Does 1 through 150.

31) On or about [date] while plaintiff was properly inflating the [product] in order to use them as party decorations, a purpose for which the balloons were intended, and as a legal result of the aforementioned defective condition, the [product] malfunctioned by bursting and releasing a toxic substance which got into plaintiff’s eyes, thereby causing serious and severe injuries to plaintiff.  Such injuries include but is not limited to blindness.

32) As a legal result of the above-described defective condition, plaintiff on [date] was hurt and injured in her/his health, strength, and activity, sustaining injury to her/his nervous system and person, including blindness to her eyes, all of which injuries have caused and will continue to cause her great mental, physical, and nervous pain and suffering.  Plaintiff is informed and believes, and thereon alleges, that such injuries will result in some permanent disability to her/him.  As a result of such injuries, plaintiff has suffered general damage in an amount to be proven at the time of the trial of this action.

33) As a further legal result of the above descr9bed defective condition, plaintiff has incurred, and will continue to incur, medical and related expenses for physicians, surgeons, hospital care, and other medical services and supplies.  The full amount of these expenses is not known to her/him at this time.  Plaintiff prays leave to amend this complaint to state the amount when it becomes known to her/him.

34) As a further legal result of the above described defective condition, plaintiff has necessarily suffer a loss of earning capacity, and plaintiff is informed and believes, and thereon alleges, that she will continue such a loss for an indefinite time in the future.  Plaintiff’s earning capacity has been greatly reduced, all to her further special damages in amounts currently unknown.  Plaintiff prays leave to amend this Complaint to assert the true amounts when they are ascertained.

35) WHEREFORE, plaintiff prays judgment against Defendants ____, dba ___, and Does 1 through 150, and each of them, as hereinafter set forth.

WHEREFORE, plaintiff prays judgment against defendants and each of them as follows.

FOR THE FIRST AND SECOND CAUSE OF ACTION EACH

1) For special damages in an amount according to proof;

2) For general damages for personal injury in an amount according to proof;

3) For cost of suit incurred herein;

4) For such other and further relief as the court may deem proper.

Dated this ___ of ___, ___.

Law Offices of John Doe, Esq

By: John Doe
Attorney for Plaintiff

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