Using microwave ovens to heat or cook food can result in personal injuries, such as scarring, that lead to filing a personal injury case. A microwave, similar to other appliances, contains components that must be properly manufactured and installed in order for the device to work.
If the components of the microwave overheat or if the electric components of the microwave do not work properly, an individual may be shocked or burned. A microwave oven uses a device called a magnetron to produce microwave energy.
This microwave energy travels in the form of electromagnetic (EM) waves. This wave energy is distributed into the metal cavity, referred to as the oven cavity, where the food is heated.
The food that is being heated absorbs the waves. The waves generated simulate the water molecules that are in the food, which generates heat and transfers that heat through the food.
During cooking, the magnetron emits electromagnetic waves. Wave cover guides these waves. If the EM waves strike a metallic or reflective surface, a flash or spark may occur in the microwave oven. A flash or spark will cause the items inside the microwave to be consumed by fire.
Items catching fire inside may result in the breakdown of the microwave. A component of the microwave, called the waveguide cover, protects the space where the waves enter the oven cavity from where the magnetron produces the wages.
The wave guard cover prevents food and moisture from getting into the internal components of the microwave. A wage guide cover may also become damaged, which can lead to sparking or arcs.
Who May Be Held Liable for a Microwave Accident?
Product liability laws determine what parties may be liable for microwave accidents. Pursuant to product liability laws, manufacturers may be sued for product defects.
There are two categories of product defects: manufacturing defects and design defects. When a manufacturing defect occurs, it means there was an error in the manufacturing of the product that renders it defective.
If this defect causes injuries to a consumer, that consumer may sue for a monetary damages award. Design defects are flaws in the way products are designed.
These flaws render a product dangerous for consumer use. If a specific product is found to be dangerous and numerous individuals suffer injuries as a result, a product recall or class action suit may result.
Strict liability
Under the product liability theory of strict liability, a plaintiff who is injured by a defective product may be able to sue one or more parties.
A plaintiff may sue any party that was last in control of a defective microwave, whether that was the:
- Manufacturer;
- Distributor;
- Wholesaler;
- Retailer.
It may be helpful to examine an example. Suppose a manufacturer caused a defect.
Suppose that the manufacturer then sold the product to a wholesaler, who then sold it to a retailer. If a consumer purchased that product and was injured due to the defect, the consumer may be able to sue the manufacturer, the wholesaler, or the retailer.
Negligence
Another theory of liability in product liability law is negligence. Product liability negligence arises when a wholesaler, retailer, distributor, manufacturer, or other party in the supply chain places the defective microwave into commerce with manufacturing defects, design defects, or inadequate or inaccurate labeling.
There are different examples of product negligence, including:
- Failure to properly test the microwave before it reached consumers;
- Failure to effectively warn consumers of the dangers posed by the microwave;
- Failure to sufficiently research or evaluate potential hazards during the design phase;
- Failure to recall the microwave; and
- Failure to issue an appropriate warning once a danger became known after the microwave entered the stream of commerce.
What Are the Legal Remedies for a Microwave Accident?
A microwave accident may involve injuries to individuals as well as serious property damage. The damaged property may include the microwave itself as well as any other property that was damaged by the microwave malfunction or explosion.
When a plaintiff sues for damages on the grounds of product liability, they may be able to recover money for the financial losses they sustained, which may include:
- Medical bills;
- Lost wages from being unable to work;
- Damages for emotional distress.
A plaintiff may also be able to recover compensation for damages resulting from property damage. For example, these may cover the repair costs if a room in the home must be rebuilt as a result of the accident damage.
What Are Some Defenses to Microwave Accident Claims?
There may be some defenses available in microwave accident claims, depending on the facts and circumstances of the case.
Defenses to strict liability claims
In strict liability claims, a defendant may be able to assert the substantial alteration defense. In order to prove this defense, the defendant is required to show that:
- The microwave was substantially altered after it left the manufacturer’s control;
- The modifications made were not foreseeable to the manufacturer; and
- The plaintiff’s injuries resulted from the modifications.
Defenses to negligence claims
There are various defenses a defendant may be able to assert in a negligence claim. One of these defenses is that the plaintiff did not use the microwave for the purpose for which it was intended: cooking food.
If the consumer used the microwave for something other than its intended purpose, the defendant may be able to assert an improper purpose defense. For example, the microwave warning label may only instruct users to use the appliance to cook food. However, if the plaintiff uses it to dry their clothes, they have used the machine for an unintended purpose.
Another example of improper use would be when the plaintiff uses the microwave to heat a metallic object, as microwave instructions warn against this type of use. If a metal object is placed in the microwave, the metal deflects waves from the food, which prevents it from being cooked. This is because the metal disrupts the wave pattern. This may also result in damage to the interior of the microwave oven.
The defendant may be able to assert that this was a negligent use of the microwave. In cases where a plaintiff sues based on negligence theory, this defense may be able to defeat the plaintiff’s claim entirely or reduce their amount of damages.
In addition, the defendant may be able to assert an assumption of the risk defense to a negligence action. In product liability cases, consumers are deeded to have assumed the risk of product harm of:
- The consumer knew of a particular defect;
- Knowing there was a defect, the consumer unreasonably decided to use the product;
- The consumer was injured as a result of the unreasonable use.
In other words, by using the product knowing that it had a defect, the plaintiff may have assumed the risk and, therefore, their claim may be defeated. In contributory negligence jurisdictions, even if a plaintiff was slightly negligent, they may be barred from recovery.
In comparative negligence jurisdictions, the plaintiff and the defendant may have both been negligent. The amount of the plaintiff’s negligence will offset the amount of damages that are awarded.
Should I Hire a Personal Injury Attorney if I Need Help With a Microwave Accident Claim?
If you have been injured as a result of a microwave accident or you have sustained property damage resulting from this type of accident, it is important to consult with a defective products lawyer. If you are a plaintiff, it is important to have a lawyer representing you, as these claims can involve multiple defendants and complex laws.
In addition, expert and medical testimony may be required regarding the damage caused and the injuries you sustained. If you are the defendant, it is important to have an attorney representing you to ensure that you are required to pay a fair amount of damages. Your attorney will also ensure that every defense that is available to you is presented.
In addition, you should have a lawyer represent you during any negotiations with the other side to ensure that your rights are protected and a fair settlement is reached.
