Hair dryers are a common household appliance that poses unique personal injury risks. In particular, due to the heat and electricity involved with the use of hair dryers, one of the most common types of injuries associated with hair dryers is related to electrocution accidents. The following is a list of common hair dryer electrocution accidents that may occur:
- Electrocution Accidents: Electrocution accidents are accidents that are caused by sources of electricity, such as:
- Electric Shock: An electric shock accident occurs when an extremity comes in contact with an electrical current, such as an individual touching an unsafe and electrically charged wire on a hair dryer with their hand;
- Electrical Burn: An electrical burn accident occurs when an electric shock is severe enough to cause the tissue to burn;
- Electrical Fire: Hair dryers commonly cause electrical fires to occur by the electrical current from a hair dryer igniting a flammable material; and
- Other Electrocution Accidents: Other electrocution hair dryer accidents of various types can result in burns, brain damage, seizures, property damages, such as house fires, and in severe cases, death.
It is important to note that because hair dryers are often used in bathrooms near water, electrocution accidents may often be even more severe. Hair dryer injuries and accidents can also occur in settings other than a person’s home. For example, hair dryers are commonplace in any hair salon or similar establishments.
Who Can Be Held Liable for a Hair Dryer Accident?
Who can be held liable for hair dryer accidents and injuries depends on several factors. In general, when a person is injured, they will initiate a civil personal injury lawsuit. A personal injury lawsuit involving hair dryers is generally based on product liability, premises liability, or negligence. It is important to note that the injury laws of the jurisdiction where the person was injured will also play a role in determining who may be liable for their injuries.
Product liability involves the manufacturer or seller of the hair dryer being held accountable for placing a defective product into the stream of commerce. Product liability laws state that any party responsible for any part of the manufacturing process may be held liable for resulting injuries, including any sellers. Three types of defects could result in product liability:
- Design Defects: Design defects are defects that are associated with the design of the product. If the product’s design is defective, regardless of any other factors, it is considered to be inherently flawed and could result in potential liability;
- Manufacturing Defects: A manufacturing defect occurs when the manufacturer assembles the product in such a way that the product is rendered unsafe, such as by making a hair dryer that reaches an unsafe operating temperature; and
- Defective Warnings: Some products may lead to a product liability suit if there is an inadequate warning about the product, such as the dangers and safety risks associated. This can also include failure to properly instruct a consumer regarding how to use the product correctly.
- For example, since the 80s, hair dryers have included warning labels that warn consumers of the risk of electrocution posed by immersing or using the product near water.
Premises liability is the legal theory that holds property owners responsible for accidents and injuries that occur on their property. Premises liability laws require that property owners ensure the safety of any person who enters their property and take all reasonable measures to accomplish this.
As mentioned above, hair dryers are commonly used in salons or other businesses. As such, business owners may be liable for injuries related to accidents or injuries caused by hair dryers if they do not take steps to ensure the safety of the business patrons. For instance, if a hair dryer is recalled, the property owner must ensure those products do not remain on their premises.
Premises liability claims are generally associated with the legal concept of negligence, as are most personal injury claims. Negligence is the legal theory that allows injured parties to recover monetarily for the carelessness of others. In general, a person is considered negligent if they are careless given the situation’s circumstances.
For a plaintiff (i.e., the person that was allegedly harmed) to recover for their injuries, they must prove the following four elements of negligence:
- Duty: In short, duty is one person’s responsibility to another. This is the amount of care that an ordinary and prudent person would use under similar circumstances;
- Breach: A breach refers to when a person’s level of care falls below the level that is required by their duty;
- Causation: The breach of duty must also be the cause of injury.
- Generally, the legal test for causation is “but for” one party’s actions, the injury would not have occurred, and
- Damages: Finally, there must be evidence that harm resulted in the plaintiff suffering quantifiable damages.
In terms of hair dryer injury lawsuits, salon owners or individual hair stylists may be held liable for using a product that has been recalled or using the product in such a way that it falls below their duty of care and results in damages toward the salon patron. Taking prompt action to remedy any dangers of hair dryers, such as ensuring no one utilizes recalled products, can reduce potential liability for hair dryer injuries.
Are There Any Legal Remedies for a Hair Dryer Accident Claim?
A person injured by a hair dryer who can prove that a defendant is liable will most likely be entitled to compensatory damages. There are two types of compensatory damages:
- General Damages; and
- Special Damages.
General damages are damages that are awarded for the injury itself. As such, general damages are intended to compensate the victim for their:
General damages are commonly awarded for losses that are not quantifiable. This means that the damages are not easily assigned a monetary value. For example, burn marks on a plaintiff’s head and permanent hair loss may be hard to assign a numerical value to.
As such, to recover such damages, an expert’s testimony will often be necessary to assign a monetary value. For example, a physician or a psychiatrist may introduce a monetary value on how much it may take for the plaintiff to recover from such injuries.
Special damages are intended to compensate an injured person for a specific consequence of an injury. For example, medical expenses are the most common form of special damages. Special damages may also be awarded to compensate for their loss of wages.
To be awarded compensatory damages, the person injured by the hair dryer will be required to prove that a loss has occurred. Additionally, they must prove that another responsible party caused the loss. This means that they must show that the defendant’s conduct caused the loss or injury and that no other factors contributed to the accident or injury.
Examples of evidence that should be collected to support a person’s hair dryer accident claim include, but may not be limited to:
- Statements from any witnesses that may have witnessed the product being defective or being used negligently;
- Photos or video from the accident or incident;
- Medical bills;
- Video evidence, if available;
- Police records or accident records; and
- Physical evidence, such as burn marks.
Do I Need a Lawyer for Help with a Hair Dryer Accident Lawsuit?
If you have been involved in a hair dryer accident, it is best to consult with an experienced personal injury lawyer as soon as possible. State laws associated with personal injury, negligence, and defective product laws vary widely. Thus, an experienced personal injury attorney will be best suited to helping you understand your state’s laws and your legal options.
An experienced personal injury lawyer can also help you determine who you should sue for negligence and gather evidence to support your claim. They can also help you claim product liability against a manufacturer or seller. Finally, an attorney will also be able to represent you in court, as needed, while protecting your legal rights and helping you work towards a suitable damages award to compensate you for your injuries or losses.
