Tuesday, July 31, 2018

Summer Boating Accidents: Top 3 Tips for Legal Liability and Prevention

Summer is the perfect time to be out on the water. The weather is great for swimming, skiing, fishing, or just cruising around. But the weather doesn't always stay great, some of those activities can be dangerous, and a few adult beverages can ruin everyone's day. So, how do you stay safe on the water this summer, and what do you do if there's an accident?

Here are three posts from our archives to help you learn about maritime law, prevent boating accidents, and figure out legal liability.

1. Florida Boating Accident Report Puts Spotlight on Maritime Law

You've probably heard that maritime law can be a little different than normal state or federal statutes. (Hopefully you didn't learn everything you know about maritime law from The Simpsons.)The operation of a watercraft is often regulated under federal admiralty or maritime law, meaning an injury suffered on board a boat or personal watercraft could potentially be governed by different statutes than the typical state laws that apply to most personal injury cases. Maritime law applies to almost all activities that take place on "navigable waters," which encompasses ocean waters, and lakes and rivers that cross state lines or are used for commerce/trade.

2. Top 10 Tips to Prevent Boating Accidents, Injuries

As you can probably guess, this list includes not drinking and driving on the water (yes, boating under the influence is a crime), obeying speed and right-of-way directions, and keeping an eye on Mother Nature. But there are also ways to keep a bad situation from getting worse -- so always have plenty of lifejackets on hand, and an emergency plan ready to go.

3. Boating Accident Liability: When to Sue for Wrongful Death?

And if the worst happens, who's responsible? Everyone driving a boat is responsible for operating it in a reasonable way, according to local boating regulations, as well as adhering to the norms on the water. But boat manufacturers and repair shops must also design, build, and maintain boats in order to maximize safety and reduce risk.

If you've been involved in a boating accident, contact an experienced injury attorney in your area to discuss your legal options.

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from Injured https://blogs.findlaw.com/injured/2018/07/summer-boating-accidents-top-3-tips-for-legal-liability-and-prevention.html
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Monday, July 30, 2018

Can Family Sue After Bridge Suicide?

Lael Feldman, a singer who performed under the name Lael Summer, leapt to her death from New York City's George Washington Bridge last August. In September, the Port Authority of New York began installing the suicide barriers on the bridge. But those measures should've been taken earlier, according to a $100 million lawsuit filed by Feldman's parents.

The bridge is a "suicide magnet" according to the lawsuit, so will the Port Authority be liable for Feldman's suicide?

Failed to Exercise Reasonable Care

According to the suit, the first suicide from the George Washington Bridge happened just a week after it opened in October 1931. "In the seven years leading up to 2016," the lawsuit claims, "approximately 93 people perished by jumping from the walkways of the bridge." And suicide attempts were occurring once every 3.5 days that year. At least 15 people leapt to their deaths in 2017, including five others in the same five-week span when Feldman leapt to her death.

During that time, and before, the Port Authority "failed to exercise reasonable care in constructing, operating, and maintaining the George Washington Bridge, [which] lacked adequate means restriction to prevent jumping suicides from its walkways," according to Isaac Feldman and Marla Mase. They are asking for $20 million in damages for four separate causes of action and an additional $20 million in punitive damages, totaling $100 million, claiming "that it was entirely feasible to [install suicide prevention fencing] many years before" the Port Authority finally did after Lael's death last year.

Loss and Liability

Figuring out who is liable when someone commits suicide can be difficult. Wrongful death claims following a suicide are based on the argument that the person would not have killed themselves but for the acts of the defendant. While some of those claims have been successful in cases of school bullying or drug side effects, they are much harder to prove against property owners.

If a loved one has committed suicide and you think it is someone else's fault, you may want to consult with an experienced personal injury attorney near you.

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from Injured https://blogs.findlaw.com/injured/2018/07/can-family-sue-after-bridge-suicide.html
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Thursday, July 26, 2018

Nail Salon Injury May Require Finger Amputation, Woman Claims

Many are willing to pay a high price for beauty. But a finger? That's too high.

Maria Luisa Gerardo visited TJ Nails in Phoenix, AZ to get her nails done, which she has done regularly for the past decade. But at her last appointment, the technician nicked her finger with a manicure tool. Though this can occasionally happen, this time her finger swelled immensely the next day.

Gerardo went back to the nail salon to inform them, and was given $100 and told to keep the wound clean. But as things got worse, she found herself at the doctor's office, and then the surgeon's office, as the wound continued to grow deeper, all the way down to the bone. The wound was infected, and might possibly lead to amputation.

Bacterial Infections Gone Awry

How can a simple pleasure go so wrong? Unfortunately, approximately 75% of U.S. salons do not disinfect their manicuring tools correctly. When unsterilized tools are involved in microtraumas to the skin, infection can set in. Hepatitis B, MRSA, Staph, and other life-threatening bacterial infections can enter the body. These can lead to potential amputations, as in Gerardo's case. Or even death, as in the case of one California girl who died of on an infection associated with bacteria she may have picked up during a pedicure in 2004.

In Virginia, the plaintiff in a negligence case against a salon was awarded just over $1 million in compensatory damages and $50,000 in punitive damages after suffering a bacterial infection from an unsanitary foot-soaking pedicure basin. There, three weeks after getting the pedicure, she developed a cutaneous mycobacterial infection that left scars on her legs. In one of the largest verdict of its kind, Kristina Preston was awarded $3.1 million in a manicure incident in which the plaintiff contracted herpes and bacterial infections on all ten fingers through non-sterile equipment.

You Take Your Victim as You Find Him

And if you are diabetic, your odds of infection are worse. In a classic eggshell plaintiff case in California, a woman infected during a pedicure had to have her pinky toe amputated. An infection set in after a technician cut in between her fourth and fifth toe. She warned the technician that as a diabetic, she had to be more careful of infection in her toes, but that didn't stop the cut, nor the infection, nor the amputation. That suit is still ongoing.

If you or someone you care for has suffered an infection from a salon visit, contact a personal injury attorney to see if you have a claim and can recover losses.

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from Injured https://blogs.findlaw.com/injured/2018/07/nail-salon-injury-may-require-finger-amputation-woman-claims.html
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Tuesday, July 24, 2018

TN Zipline Company Serves Customers Adventure, Exploration, E. Coli

CLIMB Works has been rated the #1 zipline in Tennessee for the past eight years, according to its website. But the reviews the company has been receiving this summer are far from positive. The Tennessee Department of Health revealed more than 500 cases of gastrointestinal illness were reported at CLIMB's facility near Gatlinburg since mid-June. Tests conducted by the TDH indicated contamination of E. coli in the well water CLIMB was serving its customers, and multiple patients tested positive for norovirus as well.

Unfortunately for the Manthey family from New Orleans, those announcements came days after their visit to CLIMB, when they had already consumed well water provided by the company. "As a result of drinking said water, the plaintiffs became ill," according to their new lawsuit, which seeks $50,000 in damages.

Water (and Bacteria), Water (and Vira), Everywhere

According to the lawsuit, the Mantheys drank water at the company that "was contaminated with fecal matter, E. coli, norovirus and/or other contaminants injurious to human health. As a result of drinking said water, the Plaintiffs became ill." Although the extent of their illness isn't detailed in the suit, exposure to some particularly nasty strains of E. coli can cause severe abdominal cramps, bloody diarrhea, and vomiting. Norovirus can also cause diarrhea and vomiting, as well as nausea and stomach pain.

Climb Works had allegedly gone eight years without well water monitoring, as required by the Tennessee Department of Environment and Conservation, and was cited by the Division of Water Resources for "being identified as a source of a waterborne emergency" and for "operating a public water system without notifying the Division of Water Resources prior to placing the new system in operation."

Plaintiffs, Plaintiffs, Everywhere

The lawsuit was filed on behalf of the Manthey family, and "those similarly situated who may have been exposed to contaminated water" while at the attraction from mid-May to mid-July 2018. The attorneys who filed the claim said there could be "hundreds" of eligible plaintiffs in the class-action suit, and will go about the process of identifying and notifying them of the suit through mail.

Along with damages for the family, the suit is asking for "a judgment for compensatory damages congruent with the damages they have sustained" for other class members.

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from Injured https://blogs.findlaw.com/injured/2018/07/tn-zipline-company-serves-customers-adventure-exploration-e-coli.html
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Monday, July 23, 2018

Compton Residents Sue Over Dirty Water

Approximately 6,000 Compton residents are suing the local water company over the dirty, red-tinted water they claim is not safe to drink. The class-action lawsuit, filed in Los Angeles County Superior Court, accuses Sativa Los Angeles County Water District of misappropriating taxpayer dollars and causing low-income residents to suffer a financial burden. Residents say the water has been like this for months, and they want their money back: $65 per residence for each month that the water has been unsafe to drink, cook or bathe in, for a total of about $1.5 million.

Can't Squeeze Blood From a ... Broke, Dissolved Water District

To succeed in this lawsuit, residents will have to claim that the water is unhealthy to drink and that it is the local water company's fault. Interestingly, Sativa is not trying to skirt responsibility. They acknowledge that the discoloration is due to high magnesium levels in the water. The company says it just doesn't have the $10-$15 million necessary to upgrade the 70-year-old pipes it blames for depositing manganese in drinking water.

Two days after the lawsuit was filed, the state commission voted to dissolve the Sativa Water District, proposing to have the county take over operation of the district while its management is transitioned to another agency. Evidently, there has been pressure by the residents to get a new water company to take over for years, and the lawsuit was the straw that broke the camel's back.

So Now What?

Residents have now succeeded in getting a new water company, and the county will kick in millions of dollars to improve the pipes to eliminate the problem. What will happen to the class-action lawsuit? Will residents still be able to recover damages? Stay tuned to find out how this class-action proceeds against a now-dissolved government entity.

If you are concerned about the quality of your drinking water, contact a local consumer protection lawyer to see if your water is unhealthy, and what you can do about it.

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from Injured https://blogs.findlaw.com/injured/2018/07/compton-residents-sue-over-dirty-water.html
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Friday, July 20, 2018

17 Dead in Missouri Duck Boat Accident

'I don't have all the details, but to answer your question, no,' Jim Pattison Jr., president of Ripley Entertainment, told CBS This Morning. 'It shouldn't have been in the water if, if what happened, happened.'

What happened is one of Pattison's amphibious duck boats capsized and sank in high winds Thursday night in Table Rock Lake in Missouri. Seventeen people were killed and another seven were injured in the accident. Officials have yet to determine whether, and how many, passengers were wearing life jackets.

Safety and Storms

While Pattison said the duck boat had life jackets onboard, Missouri law doesn't require people to wear them. The amphibious boats, originally designed for military use during World War II, are subject to varying degrees of regulation, according to the AP. Weather reports indicate that conditions around the lake had been calm before the accident, but then the National Weather Service issued a severe thunderstorm warning for Branson and Table Rock Lake at 6:32 p.m. local time. Local reports indicate a storm hit with 80 mph winds and 5-foot waves just before the incident, around 7 p.m.

"Usually the lake is very placid, and it's not a long tour," Pattison told CBS. "They go in and kind of around an island and back, and we had other boats in the water earlier, and it had been a very sort of calm experience up until this came very suddenly."

Law and Liability

Ripley Entertainment and Ride the Ducks Branson may be facing some lawsuits in the wake of the tragedy. Tour companies can be liable for injuries suffered on their tours or equipment, if they breached a duty of care to their guests, and the breach was the proximate (foreseeable) cause of their injuries.

"We are deeply saddened by the tragic accident that occurred at Ride The Ducks Branson," the company said on their website. "This incident has deeply affected all of us. Words cannot convey how profoundly our hearts are breaking. We will continue to do all we can to assist the families who were involved."

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from Injured https://blogs.findlaw.com/injured/2018/07/17-dead-in-missouri-duck-boat-accident.html
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Trampoline Injuries: Are Trampoline Parks Liable?

Trampoline parks are springing up all across America, and so are emergency room visits by children getting hurt at these facilities. A recent study revealed emergency room visits following injuries sustained specifically at indoor trampoline parks ballooned from fewer than 600 in 2010 to nearly 7,000 in 2014.

Almost every one of these trampoline parks requires jumpers, or their parents, to sign waivers prior to entering the jumping facility. Does that mean you cannot sue the trampoline park if your child gets injured?

Trampoline Park Waivers

Trampoline park waivers almost always contain clauses waiving your right to recover any costs associated with injuries sustained while jumping on the trampolines in the park. They often go further to state that if you try to sue, they will go after you for legal fees. And they don't just release the facility operator from liability, but just about anyone that has ever touched the trampoline. If your child gets hurt jumping on one, is recovering costs hopeless? Not necessarily.

Not All Waivers Are Iron-Clad

Waivers are governed by state law, and they often hold up in court. However, most states allow plaintiffs to negate waivers in some situations, such as:

  • Language: You may be able to claim that the liability release is written poorly or is inadequate, and therefore void. Maybe it's too long? Too short? Too vague?
  • Format: Critical language must be written in a way that isn't easily missed. Is it in all capital letters? Is it towards the front of the waiver agreement?
  • Misrepresentation: You may be able to claim the waiver is invalid if the company is misrepresenting its product or service. Is the company claiming to offer one service/product but providing another?
  • Gross Negligence: A waiver can protect against ordinary negligence, but not gross negligence or recklessness. This is judged by a "reasonableness" standard, and you may have to go all the way to litigation to negate a waiver based on gross negligence.
  • Content: If a waiver is looking to protect more than just the trampoline company, it needs to clearly list the other parties by name. Is there another non-named party that could be liable for the injury?
  • Defective Product: Waivers can never protect against a product that was manufactured defectively.

Trampoline Park Injury: Verdict for Plaintiff

In 2016, a Texas family was awarded $11.485 million in a lawsuit filed after their son suffered a traumatic brain injury at a trampoline park in 2013. About half of that award was for compensatory damages and half for punitive damages. In that case, there was a tear in the trampoline, and the boy fell through the trampoline and onto the hard floor. The trampoline park waiver could not protect the company against gross negligence, and the family won the case.

If you or your child was hurt in a trampoline park accident, you may be able to recover for your loss, even if you signed a waiver. Contact a local personal injury to see if the facts in your case are actionable.

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from Injured https://blogs.findlaw.com/injured/2018/07/trampoline-injuries-are-trampoline-parks-liable.html
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Thursday, July 19, 2018

Humans in Nature: National Park Injury Roundup

We were just telling you last month that, with a little care and respect, it was still safe to visit Hawai'i this summer. And then a lava bomb crashed through the roof of a tour boat, injuring 23 passengers off the coast near Hawai'i Volcanoes National Park. (It turns out the tour company has been sued twice in the last five years for "failing to warn passengers of dangerous conditions" and "dispensing with any kind of risk assessment when selecting an area to view the volcanic eruption.")

While the U.S. Coast Guard extended the restricted area around the Kilauea volcano to 1,000 feet, the incident does raise concerns about safety in and around our national parks, and what happens if you're injured in one. Here's what you need to know.

1. What If I'm Injured Hiking or Camping?

Generally, if you're injured on someone else's property because of a dangerous condition, you'd have a pretty straightforward legal claim for compensation. But suing government entities can be a little bit trickier. It can also get more complicated if you were part of a tour group.

2. Who Pays for Rescue Costs?

The National Park Service says it spends almost $5 million a year on search and rescue missions, not including the salaries of rangers assisting in the search. And, if you're careless or disregard park rules, you may be on the hook for your rescue costs.

3. Camping Injuries: Who to Sue if a Tree Falls on You

It may seem like a clear-cut case of an act of nature -- just a random occurrence. But national parks can be liable for such injuries if they failed to take steps to check trees near campsites and trails that might be a risk for falling and take steps to trim or cut the trees down before they accidentally fall on an unsuspecting camper.

4. Are Campground Liability Waivers Legally Enforceable?

It seems like you need to sign a waiver for everything these days. While the terms of the waivers appear non-negotiable (if you even read them) they might not be so set-in-stone, and they may not be enforceable later.

5. Injured in a Park? Here's How to Sue

The last thing anyone wants is an injury ruining their summer fun. But if an injury does occur and you think it's the park's fault, start here. And make sure you talk to an experienced injury attorney about your options.

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from Injured https://blogs.findlaw.com/injured/2018/07/humans-in-nature-national-park-injury-roundup.html
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Wednesday, July 18, 2018

Possible Defamation Claim Against Elon Musk for 'Pedo Guy' Tweet?

Elon Musk is extremely online. The Tesla founder and CEO has never been shy on Twitter, so it's no surprise he jumped into the discussion concerning the rescue of 12 Thai boys who had become trapped in a cave last month. Musk had offered his help during the rescue, visiting the site and ordering his employees to build a "kid-size submarine" that rescue officials determined was "not practical for our mission" and declined to use.

One of the divers who did play a key role in the rescue, Vernon Unsworth, called the submarine a "PR stunt" that "just had absolutely no chance of working," adding that Musk could "stick his submarine where it hurts." Musk responded immediately and, perhaps, illegally: "We will make one (video) of the mini-sub/pod going all the way to Cave 5 no problem. Sorry pedo guy, you really did ask for it." The tweet was deleted, but American and British lawyers have already contacted Unsworth about a possible defamation claim against Musk.

Several Untruths

In case you needed clarification, the "pedo guy" part of Musk's tweet appears to accuse Unsworth of being a pedophile. While Musk didn't elaborate on why he came to that conclusion, when called out on Twitter, he responded, "Bet ya a signed dollar it's true."

Musk deleted those tweets, and later apologized (again, on Twitter):

"As this well-written article suggests, my words were spoken in anger after Mr. Unsworth said several untruths & suggested I engage in a sexual act with the mini-sub, which had been built as an act of kindness & according to specifications from the dive team leader.
"Nonetheless, his actions against me do not justify my actions against him, and for that I apologize to Mr. Unsworth and to the companies I represent as leader. The fault is mine and mine alone."

Per Se Personal Attacks

But the retraction may be too little too late. Certain false accusations, especially those involving criminal behavior or sexual misconduct, amount to defamation per se, meaning the statements are presumed to be harmful and don't require the subject of statement to prove damages. Of course, truth is always a defense to defamation claims, but a police officer in the Chiang Rai, where Unsworth has been living in Thailand for seven years, told Reuters that no charges or complaints had ever been filed against Unsworth.

While Unsworth considers his legal options, things have not been rosy for Mr. Musk. Tesla stock took quite a hit after his Twitter spat, the second time it had done so after the CEO's impertinent tweets. That earned Musk a scolding from tech VC Gene Munster, who called him "thin-skinned and short-tempered."

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from Injured https://blogs.findlaw.com/injured/2018/07/possible-defamation-claim-against-elon-musk-for-pedo-guy-tweet.html
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Sun Glare Car Accident: Who's Liable?

It happens to every driver. Driving home from work, the road meanders through gentle curves and then BAM!, you find yourself driving due west, directly into the blinding sun. You can't see a thing and your only strategy is hope -- that you don't hit a car, bicyclist, or pedestrian before you can safely see again. But what if hope fails you?

Let There Be Light

Sun glare is a common cause of accidents in the United States. The National Highway Traffic Safety Administration estimates that sun glare causes a few hundred accidents per year, domestically. This figure could actually be quite low, since often it will not be listed as the sole cause of the accident. Given these figures, can drivers successfully escape liability by blaming the sun?

The answer is no. Though many believe God created the sun, according to the Book of Genesis, drivers cannot try to avert liability under an "Act of God" clause. Driver's are expected to use reasonable care in operating their vehicle at all times, and this includes sunrise and sunset, which, by nature, are reasonably predictable.

An Ounce of Prevention ...

Driver liability is the harsh reality in sun glare situations. A driver's best defense is to try to prevent auto accidents in the first place by minimizing sun glare. Some suggestion include:

  • Regularly clean your windshield and dashboard
  • Avoid driving into the sun by either altering your route or driving hours
  • Wear polarized sunglasses, which cut down glare significantly
  • Use the visor in your car
  • Leave more space between your car and other drivers, bikers, and pedestrians

If you have been injured in a car accident, and the other driver expects for you to dismiss his or her fault due to sun glare, contact a local personal injury attorney to discuss your situation, including possible monetary awards.

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from Injured https://blogs.findlaw.com/injured/2018/07/sun-glare-car-accident-whos-liable.html
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Tuesday, July 17, 2018

Mandalay Bay Owner MGM Sues to Avoid Mass Shooting Liability

Normally after a mass shooting (and how awful is it that there is a 'normally' attached to 'mass shooting'), victims and their families are the ones that file lawsuits -- against the shooter, the gun-maker, the police, or the owner of the location. But in the wake of the horrific shooting at the Mandalay Bay in Las Vegas last year, the tables appear to have been turned.

MGM Resorts International, which owns Mandalay Bay and the concert venue where the victims were gunned down, has filed federal lawsuits asking judges to declare the resort company free from any liability in the shooting. Why the reversal?

Federal Terrorism Protection

While the lawsuits are technically filed against over 1,000 shooting victims, MGM is not seeking any damages. Instead, the company is asking federal judges to declare it immune from lawsuits under a 2002 statute that provides liability protection to companies that use "anti-terrorism" technology or services that can "help prevent and respond to mass violence."

MGM hired Contemporary Services Corporation to provide security for the Route 91 Harvest festival, and is arguing that, because the company's services had been certified by the Department of Homeland Security for "protecting against and responding to acts of mass injury and destruction," that immunity should extend to MGM and its subsidiaries.

Incompetence and Immunity

It does seem ironic that the MGM is using its employment of an ultimately ineffective security company as a way to preemptively block victims' lawsuits and avoid liability. Stephen Paddock stayed at the Mandalay Bay resort for several days before he opened fire on festivalgoers last October, killing 58 people and wounding hundreds more.

The suits filed by MGM name over 800 defendants in California, and more than 200 in Nevada, many of whom have threatened to sue or have already filed injury or wrongful death lawsuits against the company in state court. "No MGM Party attempted to commit, knowingly participated in, aided, abetted, committed, or participated in any conspiracy to commit any act of terrorism," the federal lawsuits claim.

If successful, MGM could bar any current or future litigation based on the shooting. "The Federal Court is an appropriate venue for these cases and provides those affected with the opportunity for a timely resolution," a spokesperson for the company said in a statement. "Years of drawn out litigation and hearings are not in the best interest of victims, the community and those still healing."

But Las Vegas attorney Robert Eglet, who has represented several of the victims, called the legal maneuvering a "blatant display of judge shopping" that "quite frankly verges on unethical." "I've never seen a more outrageous thing, where they sue the victims in an effort to find a judge they like," he told the Las Vegas Review-Journal. "It's just really sad that they would stoop to this level."

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from Injured https://blogs.findlaw.com/injured/2018/07/mandalay-bay-owner-mgm-sues-to-avoid-mass-shooting-liability.html
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Fish Pedicures Leaving Your Toenails Fishy -- What Can You Do?

Fish pedicures, wildly popular in Europe and Asia, are gaining in popularity here in the United States. Over the past decade, fish spas are popping up across the country, and consumers are definitely intrigued. But waders beware! Before jumping in, there's a few things you should know.

Are Smooth Feet Worth Your Toenails?

Fish pedicure patrons soak their feet in tubs of water that contain hundreds of tiny Garra rufa fish, which nibble away the dead skin, smoothing out rough patches typically found around the heel and toes. Some patrons have notice that about six months after the pedicure, their toenails began shedding away from their toes, a condition called onychoadesis. For years, a solid link between the two couldn't be proven. But now there is medical proof to back that claim in a recent report published in JAMA Dermatology.

According to Dr. Shari R. Lipner, an assistant professor of dermatology at Weill Cornell Medicine and director of the nail division, "I think that this is probably more common than we think ... We don't see the [nail] shedding until months after the event, so I think it's hard for patients and physicians -- especially if they're not even aware that fish pedicures can do this -- to make that connection."

Other Fishy Issues From Flesh-Eating Fish

There have been other problems associated with fish pedicures besides nail shedding.

  • Because the fish live in pedicure tubs, the tubs cannot be adequately cleaned between customers, which may spread disease.
  • The fish themselves cannot be disinfected between "feedings", thereby also increasing the risk of spreading disease.
  • Whereas the Garra rufa fish do not have teeth, sometimes spas mistakenly use fish that do. In those cases, open wounds result, and any bacteria in the soaking water can then seep into the persons body through the foot and cause all sorts of problems, including Staph infections.
  • Garra rufa fish are not native to the U.S. and therefore can pose a threat to native plant and animal life if they are released into the wild, including being flushed down the drain.
  • The fish must be starved in order to be encouraged to eat the skin, which is not their regular diet. This might be considered animal cruelty, and there are animal cruelty laws on the books in every state.

If you have recently had a fish pedicure and are experiencing toenail shedding or other foot infections, contact a local personal injury attorney that can review the facts of your case, and potentially win an award to compensate you for your troubles.

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from Injured https://blogs.findlaw.com/injured/2018/07/fish-pedicures-leaving-your-toenails-fishy---what-can-you-do.html
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Monday, July 16, 2018

Your NutriBullet Blender May Blow Up, Lawsuit Claims

Over 100 claims have been filed against the makers of NutriBullet alleging the machine malfunctions and explodes under normal use, causing first degree burns, severe cuts, and even knocking out teeth. Most of these claims have been filed as product defect cases, with at least 22 lawsuits actively pending, but a recent lawsuit filed is the only pending class action, claiming that the product violates federal and state consumer protection laws, as well as warranty laws. This class action includes all NutriBullet blenders manufactured after January 1, 2007.

Pressure Is the Bullet in NutriBullet Case

The facts leading up to the injury are the same in almost every NutriBullet case. The plaintiffs have used the NutriBullet in the way it was intended -- to blend solids and liquids according to the directions, including no hot foods, for less than a minute.

Then either one of two things happens. In some instances, the blender's canister pressurizes until it separates from the other parts, spewing out its contents everywhere. This causes severe burns because even if the contents were originally cold, since the heat from the blender's fast spinning blades can make the ingredients scalding hot. In other cases, the buildup of pressure can send the blade assembly flying after the blender's lid is removed following normal use. This causes severe lacerations and even teeth to be knocked out, since the blade assembly is hurled with great force and is sharp.

Prior Warnings on NutriBullet

Since the product debuted in 2007, over 40 million units have been sold worldwide. But not without warning. In 2014, Consumer Reports recommended consumers not buy one model, the NutriBullet Pro 900, after noticing blades cracked during a durability test. Consumer Reports lifted the warning two years later after NutriBullet made the machine's blades thicker.

The jury is still out on the average settlement or award in the individual lawsuits, though filings show that plaintiffs are asking from $6,000 to $75,000. Amounts will vary depending on the events leading up to the injury and the injury itself, as well as loss of past and future wages and pain and suffering.

If you have been injured while using a NutriBullet, contact a product liability attorney, who can hear the facts of your particular case and give you an estimated value for your potential lawsuit.

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from Injured https://blogs.findlaw.com/injured/2018/07/your-nutribullet-blender-may-blow-up-lawsuit-claims.html
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