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How is Fault Proven in a Defective Product Case?
There are numerous ways in which fault can be proven in the event a defective product causes an injury to a consumer. This can include showing negligence or inaction by a company through strict liability, proving fraud, or breach of warranty.
Negligence - In order to prove negligence in a product liability cases, there are four elements they need to be present:
1. Duty: It must be shown that there was a duty of care owed to the plaintiff (injured consumer) by the defendant (company or manufacturer of the faulty product). A duty of care is generally established when a consumer purchases a product.
2. Breach: It will need to be proven that the defendant breached the duty of care they owed to the plaintiff. In the case of a faulty pressure cooker, it needs to be shown that the company or manufacturer distributed a defective product.
3. Injury: The plaintiff must have been injured due to the defective pressure cooker.
4. Causation:It must be firmly established that the breach of duty by the defendant directly caused the plaintiff’s injury.
Strict Liability - In order to prove strict liability, it only needs to be shown that a product had a defect that caused an injury to the plaintiff. For strict liability, there is no requirement for any of the elements of negligence to be in place, and there is no need to prove “fault.” For strict liability, all that a company or manufacturer has to have done is made the defective product available to the consumer. Fraud or Deceit When working to show fraud or deceit, a plaintiff will want to prove that a seller or manufacturer communicated information to consumers about the product that was misleading or completely false, and that the consumer relied on this information and subsequently sustained an injury as a result.
Breach of Warranty - In cases when a product liability claim alleges breach of warranty, a plaintiff will have to prove that the defendant caused the injury because they have asserted that their product was free from defects, and failed to ensure that it had no defects. This type of claim is different from negligence or strict liability claims mentioned above because it relates to a broken contractual agreement.
Negligence - In order to prove negligence in a product liability cases, there are four elements they need to be present:
1. Duty: It must be shown that there was a duty of care owed to the plaintiff (injured consumer) by the defendant (company or manufacturer of the faulty product). A duty of care is generally established when a consumer purchases a product.
2. Breach: It will need to be proven that the defendant breached the duty of care they owed to the plaintiff. In the case of a faulty pressure cooker, it needs to be shown that the company or manufacturer distributed a defective product.
3. Injury: The plaintiff must have been injured due to the defective pressure cooker.
4. Causation:It must be firmly established that the breach of duty by the defendant directly caused the plaintiff’s injury.
Strict Liability - In order to prove strict liability, it only needs to be shown that a product had a defect that caused an injury to the plaintiff. For strict liability, there is no requirement for any of the elements of negligence to be in place, and there is no need to prove “fault.” For strict liability, all that a company or manufacturer has to have done is made the defective product available to the consumer. Fraud or Deceit When working to show fraud or deceit, a plaintiff will want to prove that a seller or manufacturer communicated information to consumers about the product that was misleading or completely false, and that the consumer relied on this information and subsequently sustained an injury as a result.
Breach of Warranty - In cases when a product liability claim alleges breach of warranty, a plaintiff will have to prove that the defendant caused the injury because they have asserted that their product was free from defects, and failed to ensure that it had no defects. This type of claim is different from negligence or strict liability claims mentioned above because it relates to a broken contractual agreement.
Pressure Cooker Lawsuits In The News
A client of in Milford, Delaware suffered serious and substantial burn injuries from her Instant Pot. These burn injuries were the direct and proximate result of the pressure cooker’s lid being able to be rotated and opened while the pressure cooker was still under pressure, during the normal, directed use of the Pressure Cooker, allowing its scalding hot contents to be forcefully ejected from the pressure cooker and onto Plaintiff. The incident occurred as a result of the failure of the pressure cooker’s supposed “safety mechanisms,” which purport to keep the consumer safe while using the pressure cooker. In addition, the incident occurred as the result of Defendants’ failure to redesign the pressure cooker, despite the existence of economical, safer alternative designs. In another case, ABC News reported a woman in Texas suffered severe burns after her pressure cooker exploded in her kitchen. The woman was not new to using pressure cookers and indicated she had been for quite some time. She was using a towel, as many users like to do, to clean up the moisture from the steam escaping her Instant Pot pressure cooker.
FAQ's
How much is my case worth?
The lawsuit may seek compensation for past and future pain and suffering, fright and shock, scarring and disfigurement, and other types of non-economic claims. The suit may also seek compensation for past and future medical bills, lost wages, and loss of earning capacity. Florida also allows punitive or exemplary damages against the product manufacturer. These awards can be substantial and vary from case to case depending on the severity of the injuries and extent of the medical treatment.
Why are Pressure Cookers, Multi-Cookers, Crock Pots, and Instant Pots Exploding?
Pressure cookers work by using pressurized heat and steam to cook foods faster. Most pressure cookers have a heating unit, an inner pot, and a locking lid with a pressure release valve. When cooking, the lid is locked in place and as the inner pot is heated, pressure increases inside. The locked lid should be designed to stay in place under pressure. When cooking is complete, the user should be able to use the pressure release valve to allow steam to escape, then safely remove the lid. Pressure cookers have been marketed aggressively on television and in retail stores promising quick, tasty meals. Unfortunately for some unsuspecting consumers, their defectively designed pressure cookers have exploded; spewing hot liquids across their kitchen and severely burning them and others nearby. Any lawyer can claim to have all of these qualities, but a truly qualified attorney will have.
Protect Your Legal Rights. Speak to a Pressure Cooker Lawyer today.
If you or a loved one sustained serious burns due to a defective pressure cooker, do not delay, call us today. Frequently, a pressure cooker lawsuit must be filed within a certain time frame from the date of the injury, known as a Statute of Limitations. Contact our pressure cooker lawyer today at (877) 448-8404 for your free case evaluation.