ACTIVE LAWSUIT!
Published by With the prevalence of pressure cookers in modern kitchens, consumers must be aware of the potential dangers and legal recourse available in the event of such a disaster.
In this article, we will explore the world of the Virginia pressure cooker lawsuit, examining the brands involved, common injuries, and the process of seeking justice and compensation.
In the event that you or a family member has experienced injuries due to a faulty pressure cooker, the devoted team at Schmidt & Clark, LLP, is ready to offer their support.
As a nationally renowned law firm specializing in cases on behalf of plaintiffs, our primary objective is to ensure that you receive the justice and fair compensation to which you are rightfully entitled.
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Virginia Pressure Cooker Injury Lawsuits
Victims of defective pressure cookers in Virginia have the right to pursue legal action against the manufacturers responsible for their injuries.
Pressure cooker lawsuits are filed by individuals who have sustained substantial burn injuries or other injuries due to exploding pressure cookers.
These pressure cooker explosion lawsuits aim to recover losses such as medical expenses, lost wages, and physical and emotional distress while also holding companies accountable for their negligence.
Defective Pressure Cookers in Virginia
Defective pressure cookers can lead to devastating consequences, and Virginia is no exception. Pressure cooker explosions can occur due to design flaws and faulty components, such as insufficient vents and ducts for releasing steam, improper lid seals and locks, and inadequate safety features.
One example is the Power Pressure Cooker XL Lawsuit, a class action lawsuit against Tristar that alleges numerous design flaws that could potentially cause the lid to open before it was depressurized, leading to instances where a pressure cooker exploded.
Besides the Power Pressure Cooker XL, lawsuits have also been filed against other pressure cooker brands, such as the Instant Pot Pressure Cooker, Crock Pot, and Breville.
For example, Tristar Products, the manufacturer of the Power Pressure Cooker XL, has been subject to pressure cooker explosion lawsuits due to electric pressure cooker explosions.
Virginia Product Liability Laws
In Virginia, product liability laws hold manufacturers accountable for injuries caused by defective products, including pressure cookers [1].
A product is considered defective under Virginia state law if it is unreasonably dangerous for its intended use or reasonably foreseeable uses. To establish a product liability claim in Virginia, it is necessary to:
- Preserve the faulty product as essential evidence
- Obtain expert testimony to demonstrate the defect and origin of injuries
- Provide notice of the claim
- Demonstrate that the product is defective and caused the injury.
Which Pressure Cooker Brands Are Named in The Lawsuits?
Pressure cooker brands that are named in the lawsuits include Instant Pot, Crock Pot, Breville, and Tristar Power Pressure Cooker XL.
Such claims range from design defects to injury caused by explosions of their products. Attorneys may choose to accept cases depending on the model or brand of pressure cooker. The purchase date of the product is a significant factor to consider.
For instance, if you purchased an Instant Pot model IP-DUO60 V2 on or before October 2017, you may have a viable case.
“A pressure valve is a critical component that regulates and releases excess pressure accumulating during cooking. However, if the valve malfunctions, it can fail to release the built-up pressure effectively.”- The U.S. Consumer Product Safety Commission (CPSC)
As a result, the pressure inside the cooker can rise to dangerous levels, exceeding its structural limits and overwhelming safety features and potentially leading to an explosion.
Plaintiff Claims in Pressure Cooker Injury Lawsuit
Injured individuals in Virginia can file lawsuits against pressure cooker manufacturers, alleging defective design, manufacturing, and failure to warn. In the case of Tabletops Unlimited pressure cookers, the source of explosions is an allegedly faulty gasket, leading to severe burns for the victims.
In another example, Brittany Gonzalez filed a lawsuit on behalf of N.G. against Instant Pot, claiming that the pressure cooker had exploded and caused third-degree burns all over N.G.’s body. Manufacturers should be held responsible for the distress their defective products cause to unsuspecting consumers.
Common Pressure Cooker Injury
Injuries from pressure cooker incidents can range from minor to severe and, in some cases, can even be fatal. Some potential injuries include:
- Shattered pressure cooker lids acting as shrapnel
- Third-degree burns from hot steam and scalding hot food
- Pressure cooker safety mechanisms becoming projectiles
It is important to exercise caution when using a pressure cooker to prevent injuries, such as those caused by an exploding pressure cooker.
The victims of pressure cooker explosions can suffer from a wide array of injuries, including burns and scarring, electrocution, and traumatic brain injuries.
In one case, a 61-year-old woman sustained second-degree burns on her scalp, face, shoulder, and back after a Maxi-Matic pressure cooker explosion. Understanding the risks associated with using pressure cookers and taking suitable precautions to avoid injuries is important.
Pressure Cooker Lawsuit Settlement Amounts in Virginia
Settlement amounts in Virginia pressure cooker lawsuits can significantly vary based on the extent of the victim’s injuries and losses. Samantha Gonzalez, aged 3, was severely burned due to a Vasconia pressure cooker explosion. In 2018, her family was granted a staggering $27 million settlement.
The average settlement amount for pressure cooker lawsuits in Virginia is estimated to be between $125,000 to $200,000 for second-degree burns and up to $600,000 for more severe injuries.
Each case is unique, and the settlement amount will depend on factors like the severity of the injury, medical expenses, lost wages, and pain and suffering.
Filing a Virginia Pressure Cooker Lawsuit
Filing a pressure cooker lawsuit in Virginia involves the following steps:
- Adhering to the statute of limitations.
- Gathering evidence to support your claim.
- Seeking legal representation to guide you through the legal process.
Acting quickly is necessary to ensure your claim is not invalidated due to time constraints.
Statute of Limitations
Virginia’s statute of limitations sets a deadline for filing a pressure cooker injury lawsuit, making it crucial to act promptly. In Virginia, the statute of limitations for product liability lawsuits is two years from the date of injury [2].
Exceptions to this rule exist; for instance, if the injured party is a child or mentally incompetent, the period for filing a suit may be extended. Consulting the specific statutes and seeking legal advice for accurate information is advised.
Gathering Evidence
Gathering evidence is essential for building a strong case in a Virginia pressure cooker lawsuit. Potential plaintiffs must:
- Collect and preserve any proof of a defective pressure cooker
- Gather medical records and bills
- Take photos and videos of the injuries and scene
- Obtain witness statements
- Retain the pressure cooker as evidence.
Product experts play a key role in these cases, as they can evaluate the product, identify any design flaws or manufacturing defects, and testify about industry standards and regulations.
Their knowledge is invaluable in establishing liability and strengthening the plaintiff’s case in pursuit of justice and compensation for the injuries caused by electric pressure cookers.
FAQs
Can I join a class action lawsuit for pressure cooker-related injuries in Virginia?
You may be able to join a class action or file an individual lawsuit. Consulting with an attorney will help determine the best legal strategy for your situation.
How long does it typically take to resolve a pressure cooker lawsuit?
Lawsuit durations vary, but they can take several months to years, depending on the complexity and court schedules. Patience and thorough preparation are crucial.
Have manufacturers been held liable for pressure cooker injuries?
Manufacturers have faced numerous lawsuits and have been ordered to pay settlements and verdicts in several cases. The outcomes vary depending on the specifics of each case.
Related Articles:
See all related personal injury lawsuits our attorneys covered so far.
Get Your Free Consultation From Virginia Pressure Cooker Lawyers
If you or a loved one has suffered injuries due to defective pressure cooker explosions, don’t hesitate to reach out to us at Schmidt and Clark, LLP. Our team has extensive experience in handling such cases and is prepared to guide you through each stage of the process.
It’s your right to be aware of your legal options and your potential for filing a lawsuit. We assure you that our consultations are always free of charge, and you will not be billed unless we achieve a successful result for your case.
Contact Schmidt and Clark today for a thorough review of your case. Allow us to be your reliable ally in this journey.
Reference:
- https://www.biicl.org/documents/379_plf_-_australia_-_cases_summaries.pdf
- https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/