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Exploding Products Injury Claims – Defective Products

Exploding Products Injury Claims – Defective Products

Three black Android smartphones charging

In this article, we’ll break down the following:

When you purchase a device or appliance, you expect it to be safe. You expect it to last. You expect it to have been manufactured in compliance with existing federal consumer protection regulations.

What you don’t expect is for it to explode.

Unfortunately, this is a reality many victims of defective products have to contend with. Some of these electronics burst into flames, leaving consumers nursing severe burns and, in some cases, lifelong injuries that cause partial or total disablement.

If you or a loved one has been injured by an exploding product, there are various avenues through which you can seek legal redress. Here’s everything you need to know about exploding product injury claims.

Exploding Products Injury Claims – Overview

Every year, more than 11 million people are injured by consumer products. The most severe are injuries caused by defective products that explode or catch fire. Defective lithium-ion batteries have been at the heart of many of these explosions.

It begs the question: What is it about lithium-ion batteries that makes them prone to exploding?

Right off the bat, there’s nothing inherently wrong with lithium-ion batteries. They have widespread applications in most battery-powered devices.

They are known for their long life spans, high-capacity storage, and extreme efficiency. If you’re reading this article on your smartphone, tablet, or laptop, chances are a lithium-ion battery powers your device.

As great as these batteries are, their downside is that they are prone to overheating and can potentially blow up. Some common reasons why lithium-ion batteries explode include the following:

  • Charging them too quickly
  • Erosion of the cell walls within the battery, triggering a thermal chemical reaction
  • Using the wrong charging accessory
  • Manufacturing defects

Examples of defective battery-powered devices that can explode include:

  • Vape pens and e-cigarettes
  • Hoverboards
  • Laptops
  • Smartphones
  • Tablets

Other defective products that have been known to explode include:

  • Electrical outlets
  • Fuel hoses and gas lines
  • Gas-operated appliances such as washing machines, water heaters, and stoves
  • Glass bottles and items
  • Household appliances such as microwave ovens
  • Industrial tools and equipment
  • Motor vehicle components such as gas tanks and fuel lines
  • Pressure cookers such as Instant Pot and Power Cooker

Common Types of Injuries Caused by Exploding Products

The type and severity of the injuries caused by an exploding product depend on how powerful the explosion was and far from the defective product the victim was. Below is a list of common injuries an individual might sustain from an exploding product:

  • Blunt trauma
  • Cuts and lacerations
  • Eye rupture or total blindness
  • Hemorrhaging or internal bleeding
  • Organ rupture or damage
  • Scarring and disfigurement
  • Severe burns

Liability in Exploding Products Injury Claims

A defective product can injure a user in three main ways:

  • A design defect due to a flaw in a product’s blueprint that makes it inherently dangerous when used as intended.
  • A manufacturing defect due to an error or contamination in the manufacturing, assembly, or construction of a product that makes it dangerous for its intended use.
  • A marketing defect due to the lack of adequate warnings or usage instructions associated with a product’s operation.

The designer, manufacturer, or distributor would be liable if a product exploded due to a design, manufacturing, or marketing defect. You can file a strict liability claim against them to recover compensation for your injuries and/or damage to your property.

On the other hand, if the injuries you sustained due to an exploding product were also the result of someone else’s actions, they would be liable in a negligence claim you file against them.

How Do Product Liability Attorneys Evaluate Injury Claims?

Before a product liability attorney can consider representing an exploding product injury victim, they’ll assess the case to determine whether it is worth pursuing. If you have been injured by a defective product, you may have a compelling desire to sue the at-fault party on a matter of principle. You don’t want them to get away with it. You want to hold them accountable for your injuries.

While there is nothing wrong with that, the facts of the case may not always work in your favor. The awardable damages may end up being lower than the legal expenses incurred. Most attorneys won’t consider it a worthwhile venture unless you have the financial muscle to take the case to trial.

To evaluate an injury claim and determine whether it is worth pursuing, a product liability attorney will typically ask you very specific questions about the circumstances surrounding your accident. Some of these include, but are not limited to, the following:

  • Have you used a similar product before? If yes, for how long?
  • Is this the first time you have had such an incident? If no, how many and under what circumstances?
  • Where and when did you purchase the product?
  • Was it brand-new, second-hand, or purchased at a thrift store?
  • Did the product have any safety features?
  • Did it come with written instructions and warnings related to its operation? If yes, were they easy to understand and follow?
  • Do you still have possession of the harmful product? If not, what happened to it?
  • How did the product fail, and at what point during its operation?
  • Did you seek medical care for your injuries? If yes, do you have a medical report and payment receipts?
  • Did you have to take time off work? If yes, for how long?
  • Did you have any pre-existing medical condition that was aggravated by the incident?

The answers to these questions will determine whether or not an attorney will take your case.

Examples of Exploding Products That Caused Injuries

  • A consumer sustained an injury to the corner of their eye after a piece of hot lava rock from an outdoor gas fire pit they had recently purchased exploded. The victim sustained a minor burn.
  • Another user was pan-frying a steak when the glass lid they were holding in one hand exploded, sending shards of glass flying everywhere. The victim reported having numerous pieces of glass lodged in their skin.
  • A thermal glass carafe exploded while the user was washing it with lukewarm water (per the manufacturer’s instructions), sending pieces of glass flying everywhere. The victim sustained injuries to their hands and face.
  • A user was injured when the tempered glass shelf in their French door freezer exploded, sending shards of glass flying as far as 10 feet from the refrigerator. The victim attributed the explosion to a defect in the glass or the poorly insulated fridge door.
  • A man was reportedly injured after a steam mop they used to clean the floors exploded. The boiling water scalded his feet and damaged the floor. The victim noted that the container with the boiling water detached from the main device and shot a few feet away, spewing hot water and steam.

Florida Case Law on Exploding Product Claims

Florida product liability law is based on the legal doctrine of strict liability. It means that if an exploding device is due to a design, manufacturing, or failure-to-warn defect, the injured individual can sue the designer, manufacturer, or distributor.

To prove cause in strict liability claims, all the plaintiff has to do is demonstrate that:

  1. A relationship between the designer, manufacturer, or distributor and the product exists;
  2. The product was defective;
  3. The defect rendered the product dangerous when used for its intended purpose; and
  4. The defective product was the imminent cause of the injuries they sustained.

You can also file a claim against any third party that may have played a role in your getting injured. You can do this under the negligence doctrine or breach of warranty.

To pursue a lawsuit under these theories, you would have to show that the defendant owed a duty of care to you and they breached that duty, thereby causing your injuries.

Some of the damages you would be entitled to recover include:

  • Present medical expenses
  • Future medical costs for plastic surgery, rehabilitation, therapy, etc.
  • Lost wages
  • Loss of future income in the case of permanent disablement
  • Pain and suffering
  • Wrongful death

It is worth noting that victims of exploding products that sustain injuries as a result of their own negligence are not entitled to compensation from any third party.

Florida Case Law Related to Exploding Products

Suescan v. Duracell, Inc., 20-cv-20864-FAM (S.D. Fla. Jun. 14, 2021)

Plaintiff Natalie Suescan filed a products liability action against defendants Duracell, Inc. and Walgreen Co. for injuries her daughter Emily Hernandez sustained from an exploding battery. In her suit, Suescan alleged that her husband, Eladio Hernandez, retrieved six AA batteries from a drawer in Suescan’s mother’s residence, which he then inserted into a Casio keyboard piano.

After Emily played with the keyboard throughout the day, she complained that her leg was itching. Upon returning home, Suescan examined her daughter’s leg and noticed a wound that appeared to be a chemical burn. Hernandez proceeded to remove all six batteries from the keyboard before placing them in a ziplock bag.

The plaintiff alleged that they discarded five out of the six batteries, leaving one behind – the leaking Duracell battery responsible for Emily’s injury.

According to the defendants, the battery explosion was due to the plaintiff’s incorrect use. They asserted that it was likely because it was used with different battery types, ages, and strengths.

Duracell also contended that its third-party claims administrator wrote to the plaintiff requesting her to forward all batteries that had been in the keyboard at the time of the incident for testing.

It was not clear whether the plaintiff received the letter in question before or after they had already discarded the batteries.

The defendants filed a motion to dismiss the case with prejudice if the batteries were discarded after receipt of the letter.

Frequently Asked Questions

What steps should I take if I am injured due to an exploding product?

If you have sustained injuries from what you deem to be a defective product, follow the steps below:

  1. Seek urgent care for your injuries.
  2. Document your claim and preserve every piece of evidence, including the defective product, medical records, receipts, photographs of your injuries, and anything else that can help you build a solid case.
  3. Speak to an experienced product liability lawyer as soon as possible to explore the available avenues of legal redress.
  4. Identify the type of exploding products injury claim you have. Were your injuries the result of a design defect, manufacturing defect, or failure to warn?
  5. Identify all the at-fault parties in your claim.
  6. Determine your damages.

What kind of damages can I recover in an exploding product injury claim?

Some of the damages you would be entitled to recover include:

  • Present medical expenses
  • Future medical costs for plastic surgery, rehabilitation, therapy, etc.
  • Lost wages
  • Loss of future income in the case of permanent disablement
  • Pain and suffering
  • Wrongful death

What is the statute of limitations for filing an exploding product injury claim in Florida?

The statute of limitation for product liability cases based on strict liability is 4 years. For product liability cases based on negligence, please call us to discuss your case, as a recent statutory change in the law has caused uncertainty to the limitations period.

Who is liable for a defective product that explodes?

If a product explodes due to a design, manufacturing, or marketing defect, the designer, manufacturer, or distributor would be liable. You can file a strict liability claim against them to recover compensation for your injuries and/or property damage.

If the injuries you sustained due to an exploding product were also the result of someone else’s actions, they would also be liable in a negligence claim you file against them.

If you are partly responsible for your injuries, Florida operates on a modified comparative negligence standard.

How do I claim product liability for injuries due to an exploding product?

To prove cause in your strict liability claim, you need to demonstrate that:

  1. A relationship between the designer, manufacturer, or distributor and the product exists;
  2. The product was defective;
  3. The defect rendered the product dangerous when used for its intended purpose; and
  4. The defective product was the imminent cause of the injuries you sustained.

To pursue a negligence claim, if a third party was to blame for your injuries, you would have to show that the defendant owed a duty of care to you and that they breached that duty, thereby causing your injuries.

How much compensation can I receive in an exploding injury claim settlement?

There’s no fixed settlement amount you’re entitled to. The amount of money you can recover in a settlement is case-specific and will depend on several factors, including:

  • The severity of your injury
  • The liable party’s level of strict liability or negligence
  • The at-fault party’s insurance coverage (or lack thereof)
  • The degree of medical care you require
  • Medical expenses you have incurred so far, including out-of-pocket incidentals
  • Your ability to earn an income
  • Pain and suffering
  • The impact of your injury on your quality of life
  • The cost of retaining full-time support if you are unable to perform day-to-day tasks due to permanent disablement

Do You Have A Question? Call Alan Sackrin Today For a Free Case Evaluation

As a Board-Certified Civil Trial Expert for over 40+ years, Alan Sackrin has extensive experience with product liability lawsuits. He offers a free initial consultation (over the phone or in-person) to answer your questions. When you’re ready to speak with an expert civil trial lawyer about your product liability case, call Alan at 945-458-8655.