Defective Pressure Cooker Lawsuit
Pressure Cooker Lawsuits In The News
Popular Pressure Cooker Brands That Have Been Recalled:
- • Tristar Power Pressure Cooker XL
• Philippe Richards Pressure Cooker
• Instant Pot Pressure Cooker
• NuWave Nutri-Pot Pressure Cooker
• Wolfgang Puck Pressure Cooker
• Mirro Pressure Cooker
• Elite Bistro Pressure Cooker
• Breville Fast Slower Cooker
• Cuisinart Pressure Cooker
• Prestige Smartplus Pressure Cooker
• Wolfgang Puck Pressure Cooker
• Fagor Pressure Cooker
• Ninja Foodi and Ninja Instant
• Crock-Pot Express Pressure Cooker
• And more
Why are Pressure Cookers, Multi-Cookers, Crock Pots, and Instant Pots Exploding?
How is fault proven in a defective product case?
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.
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