Woman Stuck in Bathtub Files Cook County Injury Lawsuit

Thursday, August 2, 2012

Woman Stuck in Bathtub Files Cook County Injury Lawsuit

Written by Malman Law, reviewed by Steve J. Malman.

A woman who was stuck in her bathtub for over thirty hours has filed a lawsuit with the assistance of Chicago personal injury attorneys against Premier Care in Bathing, alleging that due to a drain malfunction she sustained significant skin injuries.

According to the Chicago Sun-Times, the lawsuit states that “as the tub was filling with water, she fell and became wedged in the front of the tub. When Cullen realized she was stuck, she tried to yank on the chain connected to the drain stopper, but while she was doing that, the chain broke. She remained stuck in the walk-in-tub and the water for more than 30 hours, and her inability to drain the water resulted in significant injuries to her skin. The lawsuit blames the failure and/or malfunction of the drain for Cullen’s inability to free herself.”

By the time Ms. Cullen was found by her daughter after 30 hours in the tub she was unconscious and in shock. Following the incident, she was hospitalized for four days and subsequently sent to a nursing home for three months to recover from her injuries. The lawsuit filed on behalf of Ms. Cullen by her Chicago personal injury attorneys is seeking upwards of $50,000 in damages plus legal expenses incurred.

Three Types of Products Liability Cases:

• Negligence
• Strict Liability (Even if negligence didn’t occur, if someone was hurt
  while correctly using a product that proved defective or unsafe the
  victim may still have grounds for a case)
• Breach of Warranty

The defect that caused a personal injury can be a design defect, a
manufacturing defect, or a marketing defect. A design defect is inherent
to the design of the product. A manufacturing defect can occur while
the product is being made or produced. Marketing defects include failure
to provide proper warnings about dangerous or improper uses and
incomplete or inaccurate instructions/directions.

Manufactures, sellers, and distributors must ensure that their
products do not have any flaws or malfunction in such a way that they
can cause serious injuries or death. By filing a Chicago product liability lawsuit,
not only are you holding the negligent party liable for the harm that
you have suffered but you may prevent other people from getting hurt
because of the same defect.