Household Appliance Accidents & Injuries
Can you file a lawsuit if a defective household appliance malfunctions and causes you injury? The answer is yes. In fact, it’s much easier to file a lawsuit against a company that produces a defective product than it is to file a lawsuit against a property owner who allows dangerous conditions to injure those they invite on the property. Manufacturers are strictly liable for the products they place into the stream of commerce. That means that so long as the injured party hasn’t modified the product or used it unsafely, they do not need to prove negligence to win their product liability lawsuit.
What household products have the most lawsuits?
Motor vehicles will always be the reigning heavyweight champion of product liability suits, but what about items that can be found within your household. The most notorious include:
- Pressure cookers – Each year hundreds are injured when pressure cookers explode throwing the steaming hot contents of the pressure cooker across the room. People have been blinded, killed, or severely burned in pressure cooker explosions which remain a hot news item each time.
- Food processors and blenders – One of the largest household item recalls in history was related to a blender. No, fingers weren’t chopped off. Instead, part of the blade was chipping away and consumers were finding it in their food. Injuries to teeth, the mouth, and internal lacerations were reported.
- Toaster ovens – Anything that produces heat is a major safety hazard. In the case of toaster ovens, crumbs can collect at the bottom and catch fire. Many toaster ovens have crumb trays making them easy to clean. Others don’t. It remains a safety problem.
- Space heaters – Space heaters do significant damage to property each year and can catch fire resulting in burn injuries. Often, it is the result of the owner unsafely positioning the space heater, but other times, the space heater itself is defective.
Understanding product recalls
Companies are incentivized to issue recalls when their product has a dangerous defect. Prior to the announcement of the recall, the liability falls on the company to make an injured party whole. However, after the recall is issued, the customer assumes the risk of continuing to use the product. A customer who continues to use a product with an active recall assumes the risk that the defect can injure them. The company that engineered the product is no longer liable, having fulfilled its end of the bargain. That’s why it’s important to not use products that have open recalls or established defects.
Prior to the announced recall, the company is liable for manufacturing a defective product, designing the product with a serious flaw, or failing to warn their customers about a potential danger of using the product.
Talk to a Miami, FL Products Liability Attorney
The Miami personal injury attorneys at the office of Alan Goldfarb, P.A. litigates claims against negligent companies whose products cause injury to their customers. Call today to schedule a free consultation and learn more about how we can help.