A plaintiff, or injured individual, who files a personal injury claim is asserting that they were injured as a result of an act or the failure to act by the defendant. Their injuries may be physical, mental, or both.
In many cases, personal injury claims result in money damages for personal injury. Examples of physical injuries, such as those that may occur when a pressure cooker explodes, include injuries to the limbs, organs, or other parts of the body.
An injury does not have to occur or manifest instantly. An injury in a personal injury claim may be one that develops over time.
What are the Elements of Personal Injury?
Personal injury attorneys help individuals who have suffered injuries to obtain compensation for those injuries from the individual or party who caused the injuries. Personal injury law itself, however, is much more complicated than that.
It is important to be aware that personal injury law does not include criminal law. When an individual files a personal injury claim, it is classified as a civil lawsuit.
If there is a related criminal action that results from the incident, a separate criminal action may be filed. Personal injury claims fall into one of three categories, including:
Each of these categories of personal injury law has its own set of elements that are required to be proven in order for the injured individual to win their personal injury case.
What Kind of Kitchen Appliances can Cause Harm?
Most individuals use standard kitchen appliances every day without incident. Occasionally, however, these kitchen appliances cause injuries.
Common kitchen appliances may include:
- Coffee makers;
- Toasters;
- Microwaves;
- Food choppers;
- Mixers;
- Trash compactors; and
- Pressure cookers.
Injuries may vary and include everything from burns even to severed fingers. When these types of appliances cause injuries, the seller or the manufacturer may be held liable.
Does the Manufacturer of a Kitchen Appliance Owe a Duty to its Users?
The manufacturers of kitchen appliances that are not inherently dangerous, but that may become dangerous when they are used as intended, owe a duty of care to see that their product is reasonably fit for the purpose for which it was intended. This duty may require a manufacturer to provide shields or guards to protect the user from dangers that may be presented by the exposed parts of the product.
In addition to exercising the duty of care to avoid any unreasonable risk of harm to individuals who use a product in the manner for which it was intended, the manufacturer must exercise care to avoid harm to any individual who is a foreseeable user of that product.
The manufacturer is, in general, not liable for an injury that is caused by the intentional misuse of the product. However, the manufacturer may be liable if it had the duty to foresee that the item may be used for a purpose different from that for which it was sold.
For example, suppose a manufacturer can reasonably foresee that a product will fall into the hands of children, even though they are not the intended users of the product. If this is the case, the manufacturer will be aware that the children will likely misuse the product and cause harm to themselves or others.
In this situation, the manufacturer has a duty to guard against unreasonable harm by designing a childproof product. It is important to note, however, that a manufacturer does not have a duty to deal with perfect, or accident proof products.
The manufacturer, in other words, cannot be held to a standard that requires it to guard against all possible types of accidents and injuries that may occur related to the design and manufacture of its products.
In addition, there are a number of jurisdictions that hold that a manufacturer has no duty to guard against obvious defects in its product. Therefore, an individual who is injured by a kitchen appliance, such as a pressure cooker, will be required to show that a latent defect in the product caused the injury.
The manufacturer may have a defense whenever an individual voluntarily engages with an open and obvious condition and a reasonable individual in the same position would recognize the condition as well as the risk. This applies even if that reasonable individual would not appreciate the gravity of the harm that is threatened by the condition.
What are Pressure Cooker Explosion Injuries?
A pressure cooker is a cooking vessel that uses increased pressure to cook food more rapidly. The internal pressure of the cooker increases during the cooking process.
Because of this, it is very important that the pot has a strong seal in addition to other safety mechanisms that keep the lid secure. A pressure cooker is typically equipped with a safety valve that allows some steam to escape in the event that the pressure inside the cooker increases too much.
A pressure cooker explosion can occur in cases where there is an issue with:
- The seal;
- The venting mechanism; or
- Some other aspects of the cooker.
A pressure cooker accident can be very serious and may result in:
- Burn injuries;
- Scarring;
- Disfigurement;
- Property damage; or
- Various other types of injuries.
Similar to other kitchen appliance injury cases, injuries can be caused by other issues, including:
- An electrical shortage;
- Overheating; or
- Other product issues.
Who can be Held Liable for Injuries Caused by a Pressure Cooker Explosion?
In many situations, liability for the injuries that are caused by a pressure cooker can be traced to the manufacturer of the cooker. This applies especially in cases where there is a defect with the pressure cooker.
One example of this would be if there is a defect with the design, making it so that the pot creates an unusually high amount of pressure. In these types of cases, the manufacturer may be held liable for the injuries that were caused by the defect.
In other cases, an individual or a business, for example, a restaurant establishment, may be held liable for using a pressure cooker that they knew, or should have known, was dangerous. One example of this is when a cook uses an item that they knew was defective and subject to a pressure cooker recall.
What are the Legal Remedies for a Pressure Cooker Explosion Claim?
A pressure cooker explosion may require legal action to recover compensation for the injuries that were caused. In this type of lawsuit, the legal remedy usually includes a monetary damages award. This monetary damages award can cover losses, including:
- Hospital and medical bills;
- Property damage;
- Lost wages;
- Pain and suffering; and
- Other costs.
In cases where many individuals were injured by the same type of pressure cooker, a product recall may be issued. If this occurs, a class action lawsuit may be filed as well.
Should I Hire a Lawyer for Help with a Pressure Cooker Explosion Lawsuit?
Injuries caused by a pressure cooker explosion can be very serious. It may be in your best interests to consult with a defective products lawyer if you or someone you know has been injured in this manner.
Your attorney can advise you of the laws in your state and what parties may be held liable for your injuries. In addition, your lawyer can help you obtain compensation for your injuries and losses and will represent you during any courtroom appearances.
