Late last month, a group of plaintiffs filed a new lawsuit against Tristar Products, a product marketing and manufacturing firm, after sustaining severe injuries while using the Power Pressure Cooker XL, a product advertised as “safe to use.” Despite being marketed as a safe product, all six plaintiffs have testified that the Tristar-branded machine is dangerous and defective.
All sustained injuries during the course of “normal operation”, when one of the appliance’s safety features permitted the lid to come off, despite the cooker still being under pressure. As a result, the machine’s scalding hot contents were ejected forcefully at the consumer, causing significant burns.
The legal complaint alleges that Tristar’s representations about the appliance’s safety are not only misleading, but completely inaccurate. This, the lawsuit argues, places consumers directly in the way of harm.
The plaintiffs have also accused Tristar of ignoring or concealing alleged safety defects from the public. The complaint cites more than 10 other consumers who have reported similar defects with the Power Pressure Cooker XL to the Consumer Products Safety Commission, a federal agency.
Defective Products and Personal Injury
Consumers place a certain degree of trust in product manufacturers – they trust that products will enhance their daily lives, not hinder their quality of life. When a product causes illness or injury, as is the case with defective products, it can change a person’s life forever. That’s why manufacturers, marketers and distributors are considered responsible for any dangerous or defective product injury that victimizes a consumer.
This essentially means that companies are responsible for stopping any injuring factor before the product is presented to the public.
However, proving liability in defective product cases will rely on a few things. In order to have a successful personal injury claim, a victim will need to establish the following elements:
- Negligence – the manufacturer exercised a lack of reasonable care, such as providing insufficient warnings for product safety
- Misrepresentation – the consumer was lured into a false sense of safety based on packaging, marketing or sale of the product
- Breach of warranty – the consumer expects a certain degree of performance based on the accompanying warrantee that shipped with the product
- Strict liability – the product is completely defective, rendering itself completely and unreasonably dangerous
Any product can full under a product liability case. However, some are more common than others. Many cases include:
- Machinery or tools
- Medical devices or products
- Pharmaceutical products
- Motor vehicles
- Recreational products
If you or someone you know have experienced injury due to a defective product, it’s important that you seek the guidance of an attorney specializing in personal injury as soon as possible, as you may have grounds to file a legal claim. Such a claim can help those injured due to product defects recover compensation and other damages – funds which can be critical on the road to recovery.
Personal Injury Attorneys in Houston
In Houston and the surrounding areas of southeast Texas the attorneys at Charles J. Argento specialize in all areas of personal injury law, including injuries that have occurred as a result of a defective product. We can work with you to conduct a thorough investigation into the circumstances surrounding your injury and build a strong, convincing case that leads to a favorable resolution.
Our legal team understands that coping with personal injury is rarely, if ever, easy. That’s why we are committed to doing everything we can to protect you and your future interests as you navigate the path to recovery.
To schedule a free initial consultation with a member of our highly-skilled personal injury team, contact the law office of Charles J. Argento at (713) 225-5050.