via Tumblr hobbsr04.tumblr.com/post/112618074312 via Tumblr hobbsr04.tumblr.com/post/112612112692 via Tumblr hobbsr04.tumblr.com/post/112609375912 via Tumblr hobbsr04.tumblr.com/post/112605687042 via Tumblr hobbsr04.tumblr.com/post/112602528052 via Tumblr hobbsr04.tumblr.com/post/112599540977 via Tumblr hobbsr04.tumblr.com/post/112597214252 via Tumblr hobbsr04.tumblr.com/post/112595875612 via Tumblr hobbsr04.tumblr.com/post/112594769807 via Tumblr hobbsr04.tumblr.com/post/112593024337 via Tumblr hobbsr04.tumblr.com/post/112590981547 via Tumblr hobbsr04.tumblr.com/post/112588709257 via Tumblr hobbsr04.tumblr.com/post/112586781277 via Tumblr hobbsr04.tumblr.com/post/112583174592 via Tumblr hobbsr04.tumblr.com/post/112577089472 via Tumblr hobbsr04.tumblr.com/post/112572338042 via Tumblr hobbsr04.tumblr.com/post/112567686442 via Tumblr hobbsr04.tumblr.com/post/112565075517 via Tumblr hobbsr04.tumblr.com/post/112562675047 via Tumblr hobbsr04.tumblr.com/post/112558769777 via Tumblr hobbsr04.tumblr.com/post/112554247077 via Tumblr hobbsr04.tumblr.com/post/112548932627 via Tumblr hobbsr04.tumblr.com/post/112543329737 via Tumblr hobbsr04.tumblr.com/post/112537975717 A woman has sued a barbecue brush manufacturer after she swallowed a broken brush bristle while eating a hamburger, landing her in the hospital. Deborah Lamont of Presque Isle, Maine, is suing Precision Brush Co. and M2M LLC, alleging negligence, strict liability, and breach of warranty. What led up to this case, and what will Lamont need to prove in order to win? Mushroom Burger With a Side of Bristle Lamont received a free grill brush made by Precision Brush and sold by M2M LLC with the purchase of a ManGrate barbecue grill in 2011. The Lamonts used the grill on a weekly basis for a year. On August 19, 2012, Mr. Lamont used the grill brush to clean the grill before cooking a mushroom burger. By this time, the brush had corroded. A bristle broke off and embedded in Mrs. Lamont’s mushroom burger. Mrs. Lamont ingested the bristle with her mushroom burger, and experienced severe pain when the bristle lodged in her esophagus. The stuck bristle required surgery to remove. Lamont isn’t alone in her misery. Between March 2011 and June 2012, the Centers for Disease Control and Prevention reported on six other cases in which people ingested broken grill brush bristles. The Consumer Product Safety Commission (CPSC) said it was reviewing grill brush-related injuries to determine whether a pattern of product defect could pose an unreasonable risk of injury or death to consumers. Legal Issues Raised If the case proceeds to court, here’s what Lamont will likely need to prove for each of her allegations: To prove negligence , Lamont will have to show the companies had a duty to create a safe grill brush and breached that duty (for example, by allegedly using a highly corrosive material that could break). Lamont will also need to show that the breach actually caused her injuries. To prove strict liability , Lamont will have to show that the brush had an unreasonably dangerous defect that caused her injury when she used it for its intended purpose. To prove a breach of an implied warranty of merchantability (one type of breach of warranty), Lamont has to be able to show that the brush was not fit to perform the task it was sold to do. Lawyers for Precision Brush Co. and M2M LLC will probably be looking into whether Lamont did anything wrong in her use of the product, which could work as a potential defense. In the latest development, the companies’ lawyers successfully argued to remove the case from state to federal court, which is common in cases like this. As you can see, injury cases involving products can get complicated. If this happens to you, an experienced lawyer can review your case and help you figure out the best way to proceed. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Injuries from Ingestion of Wire Bristles from Grill-Cleaning Brushes (CDC) Injuries and Product Liability: Do You Have a Case? (FindLaw’s Injured) What Is Strict Liability? How Does It Affect Injury Lawsuits? 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