Can I sue a company for not replacing a machine, which burst into flames? 8 Answers as of April 28, 2014

I have a CPAP machine for sleep apnea, which began acting up three days ago. I contacted Norco my medical provider and they said the machine was indeed not working properly but refused to provide a replacement until I contacted my Md. The next day I contacted my Md. and they directed Norco provide a replacement. Norco again refused to provide the directed service. Last night I plugged in my CPAP machine to again try and limp through the night. Just prior to going to bed the machine literally burst into flames on my nightstand. Had this occurred an hour later I would have been attached to the machine. Is this in any way actionable? I was not injured other than the acrid smoke and fear created by the melt down but I am still without treatment and more than a little nervous due to the negligent actions of Norco.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Why did you use it if it wasn't working properly? You have responsibility here.
Answer Applies to: Michigan
Replied: 4/28/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answer Applies to: California
Replied: 4/28/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You have sustained no harm.
Answer Applies to: Illinois
Replied: 4/28/2014
Gates' Law, PLLC | Thomas E. Gates
Yes, you may sue for a defective product. Contact a personal injury attorney.
Answer Applies to: Washington
Replied: 4/28/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Answer: Yes that's bad that the machine just burst into flames. And if you were standing over it and it burned you that would have been worse. And if this CPAP machine was on your bed while you slept, and then ignited your sheets, pillow and blanket on fire burning you literally to death that would have been even worse. But what if your entire family was in bed with you and they all died? What then? That would have been ten times worse. And then what if after your house burned down the neighbors caught fire and it burned killing all those occupants. That might have been 100 times worse! But really no one was hurt and no one was burned so you get compensation for the smell of smoke and nothing more. The 'what ifs' add nothing to your claim because what if it was all your fault? No one's case is better because of what ifs. Sorry.
Answer Applies to: Iowa
Replied: 4/28/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    This is something. This morning I answered a question about a leaf blower bursting into flames. Now it's a CPAP machine. You are of course entitled to a replacement, or your money back if you paid anything for it. If possible, look into seeing whether you can get another brand. A number of years ago, I handled a case in which a car caught fire and a young woman escaped in the nick of time. She was not physically injured but suffered PTSD as a result. The case went nowhere. Product liability cases are expensive and time consuming, so unless the injuries are catastrophic, they are simply not worth pursuing.
    Answer Applies to: New York
    Replied: 4/28/2014
    John Russo | John Russo
    Possibly, so your next step would be to consult with a good personal injury attorney in you'r jurisdiction to see first if you have a case, and second if they would be willing to take it on. You are not suing anyone on you'r own, if you think you are you are sorely mistaken, just like you contact you'r doctor for medical treatment you need to have an attorney for you'r legal issues, you are not a lawyer, and not being smug, but no matter how intelligent you may, or may believe you are, you will get eaten alive.
    Answer Applies to: Rhode Island
    Replied: 4/28/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Cut thru the drama. No one was hurt. no case except for the value of the machine (if you bought it).
    Answer Applies to: North Carolina
    Replied: 4/28/2014
Click to View More Answers: