Manufacturers and Sellers Can Be Held Liable for Burn Injuries & Deaths
November 13, 2015 | Category: Defective Products | ShareMore than 2 million people in the United States require treatment for burns each year, and of these 2 million between 3,000 and 4,000 die of severe burns, according to the National Institute of Health (NIH).
Keurig Green Mountain Inc. received approximately 200 reports of hot liquid escaping from the Keurig MINI Plus Brewing Systems, and on December 23, 2014 they recalled 7.2 million of them manufactured from December 2009 to July 2014. Ninety reports were of burn injuries. The heated water reservoir on the MINI Plus gets the water very hot. If it then malfunctions and sprays this heated water, it can cause burns.
These are single-serve machines that brew coffee in three different sizes: 6 oz., 8 oz., and 10 oz. Keurig says hot water can spray out, particularly if the user tries to brew more than two cups in quick succession. Brewing two or more cups in quick succession is a real possibility if the brewing system is used in the morning when families are busily trying to leave home to start their days or in offices with several people trying to use the appliance at the same time.
According to the American Burn Association (ABA) 2012 Annual Report (data from 2002-2011), the most common causes of burn injuries were:
- Contact with fire or flame - 46%
- Scalding injuries - 32%
- Thermal burns - 8%
- Electrical burns - 4%
- Chemical burns - 3% of nationwide burn injury cases
The remaining 7% are a combination of other causes, including sun burn, fireworks, inhalation etc.
How serious are burn injuries?
Burns can be very serious. They are injuries to the skin tissue caused by contact with heat, radiation, chemicals or electrical currents. Burns may also be caused by the inhalation of hazardous or hot substances. Serious burn injuries can be devastating as they can cause organ damage, circulatory problems, respiratory problems, nerve damage and even death, according to WebMD.
The severity of the burn varies depending upon the skin tissue damaged and any subsequent complications. WebMD reports there are three layers of skin, as well as muscle, bone, nerves, lung, eyes and blood vessels which can all be damaged by a severe burn.
The definition of first-, second-, and third-degree burns depends on how many layers of skin and tissue are burned. The deeper the burn and the larger the burned area, the more serious the burn is.
- First-degree burns are burns of the first layer of skin.
- Second-degree burns - There are two types:
- Superficial partial-thickness burns injure the first and second layers of skin.
- Deep partial-thickness burns injure deeper skin layers.
- Third-degree burns (full-thickness burns) injure all the skin layers and tissue under the skin. These burns always require medical treatment.
- Fourth-degree burns extend through the skin to injure muscle, ligaments, tendons, nerves, blood vessels, and bones. These burns always require medical treatment. (Source: WebMD)
What recourse is there under product liability laws?
There are thousands of burn injuries each year caused by defective products. When this happens, the injured person may have a products liability action against the manufacturer or seller of the product.
These manufacturers and sellers may be liable for damages under various situations including, but not limited to:
- Failure to inspect or test the product before placing it on the market
- Creating a flaw in the product
- Failing to discover a flaw in a product
- Failure to discover that the product could be dangerous
- Failure to warn, or adequately warn, of a risk or hazard associated with the product
“Burns caused by the negligence of others can be very serious, and these personal injurie cases require the services of experienced lawyers. If you or a loved one have suffered burn injuries, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. for a free consultation,” said Southwest Florida Product Liability Attorney, Randall Spivey.
Southwest Florida Defective Products Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.