Palm Desert Product Liability Lawyer
In March 2018, Double Insight recalled their Pot Gem 65 8-in-1 multicookers. After use, consumers discovered that a defect caused the cooker to become too hot and melt underneath. Consequently, the pots posed a serious injury and fire risk to consumers who bought and used them. Many of these consumers suffered burn injuries when using their Instant Pots for baking, stewing, or roasting.
If you or someone you love suffered a burn injury after using Instant Pots or other products, you may pursue and recover monetary compensation for your injuries.
The knowledgeable Palm Desert product liability lawyers at Nadrich & Cohen have a strong track record of success advocating for injured consumers and victims of serious accidents. Our legal team has collectively recovered more than $350 million worth of compensation for our clients, who we’ve proudly represented over the years. This includes money damages that we have recovered on behalf of injured consumers who bought products that later turned out to be defective.
Our legal team can first help you to file a product liability claim against the product manufacturer’s insurance company. If the insurance company refuses the compensation you deserve, our team can file a lawsuit on your behalf and litigate the matter, including going to court if a jury trial becomes necessary.
Please call us today or contact us online for a free consultation. Alternatively, you can use the texting feature on this page.
How Are Instant Pots Defective?
Whenever appliances and other products are defective and cause consumers to suffer injuries, the manufacturing company might issue a recall. At other times, the recall might occur because of Consumer Product Safety Commission (CPSC) action.
Whenever an injured consumer files a product liability claim or lawsuit, they may recover damages, depending upon the seriousness of their injuries and the medical treatment they received for those injuries.
Instant pots are defective because of their potential hazards. Specifically, these devices are known to overheat and may fail to safely regulate temperatures, resulting in burn injuries to various consumers. In addition, these devices have inadequate lid seals that are insufficient for ensuring the contents of the pots do not spill out. When the contents spill, they can severely burn the consumers who use them.
Moreover, many Instant Pots have inadequate venting mechanisms. As a result, the entire device may explode from improperly venting the steam it produces. Finally, these cookers have defective gaskets that often fail to control the pressure. As a result, consumers can experience contact and steam burns when they use the cookers.
Since these devices left the hands of their manufacturer in a defective manner—and because consumers have suffered injuries as a result—affected individuals may be in a position to pursue a product liability claim or lawsuit directly against the manufacturer. If you have suffered injuries from a defective Instant Pot, a knowledgeable Palm Desert product liability lawyer at Nadrich & Cohen can review your injuries with you and determine whether or not you may file a product liability claim against the manufacturer.
Common Injuries After Using a Defective Instant Pot
Consumers who used Instant Pots have reported suffering very serious injuries, some of which are permanent. One of the most common injuries associated with using this appliance is a burn injury. Burn injuries come in varying degrees of seriousness and can be extremely painful. In addition, if the burn is serious enough, it can leave a scar on the consumer’s body that causes them to experience shame, humiliation, or embarrassment. All of that is compensable under the law.
In addition to burn injuries, other users of Instant Pots report eye injuries and even damage to their nerve endings that result from burns. They have also experienced swelling blisters and leaking fluid from their skin from Instant Pot use.
If you have suffered any of these injuries, the skilled legal team at Nadrich & Cohen can meet with you to discuss your experience using this product and the injuries you suffered. We can also help you develop a plan for moving forward with a claim against the manufacturer.
What Is a Class Action Claim or Lawsuit?
In many instances, injured consumers file defective product claims as part of a class action. In a class action claim or lawsuit, a lawyer or law firm files a legal proceeding on behalf of similarly situated individuals—in this case, on behalf of injured consumers who purchased an Instant Pot and suffered one or more injuries as a result.
When the parties settle the case, each plaintiff receives a share of the proceeds. Similarly, if the case goes to a jury trial or an arbitrator decides the issue of damages at an arbitration proceeding, the parties will each receive a portion of the proceeds, depending upon their damages and the extent of their injuries.
The experienced Palm Desert product liability attorneys at Nadrich & Cohen can review the circumstances of your incident with you and determine if you’re eligible to participate in a class action claim or lawsuit against a defective product manufacturer.
What Are Some Ways a Product Might Be Defective?
Product manufacturers and designers must ensure that their products are safe for use when making them available to members of the general public. When a defect exists in the manufacturing or design process, and a consumer suffers injuries, the injured consumer may file a product liability claim against the manufacturer—or someone else in the product distribution chain.
The defects associated with Instant Pots are primarily manufacturing defects. In other words, a defect existed in the manufacturing process, and the products were unsafe when they left the manufacturer’s hands. As a result of the manufacturing defect, numerous consumers have suffered serious injuries that deserve compensation.
However, products can also be defective in other ways. For example, a design defect exists when a manufacturer defectively designs a product or where a safer reasonable alternative design exists.
In addition, a product might contain a warning defect. A warning defect exists when the proper warnings are not present on a product to notify consumers of potential dangers associated with its use. At other times, the product may contain a warning where people cannot reasonably notice it.
What Happens When an Attorney Files a Product Liability Claim?
An attorney can file a product liability claim on behalf of an individual consumer or numerous similarly situated consumers as part of a class action claim or lawsuit. No matter the circumstances, the claims-filing process essentially proceeds in the same way.
First of all, the lawyer will submit important documents to the product manufacturer’s insurance company. Those documents will typically include the injured consumer’s medical records, medical bills, victim impact statements, wage loss documentation and photographs of injuries that the consumers suffered from the product’s use. The insurance company adjuster handling the case will review all of this documentation and determine whether or not to accept fault.
Once the insurance company decides liability, the adjuster will likely make an initial settlement offer to resolve the claim. After several rounds of negotiations, the parties will either settle the case or the injured consumer—through their lawyer—might file a lawsuit against the manufacturer in court.
This typically occurs when the insurance company undervalues the claim and refuses to offer full and fair compensation to the consumer for injuries sustained. Once the case is in the court system, the parties can still settle the case. Otherwise, they will litigate the case to a conclusion.
If the case goes to a jury trial, the jury will decide what, if any, damages to award the injured consumers. However, in many product liability cases, binding arbitration is a good alternative. At a binding arbitration proceeding, the arbitrator who hears the case will listen to all of the evidence the parties present and review all of the medical records, medical bills and other pertinent documentation. The arbitrator will then decide what to award the injured consumers within certain pre-set parameters. Unlike a jury verdict, a binding arbitration decision is not appealable.
If you suffered injuries from a defective product, such as an Instant Pot, the skilled team of Palm Desert product liability lawyers at Nadrich & Cohen can help you decide whether to accept a particular settlement offer or take your case to trial or binding arbitration. Either way, our legal team will zealously advocate for you every step of the way and work to get you the compensation that you deserve for your injuries.
What Types of Damages Can I Recover in a Product Liability Claim?
Consumers who suffered injuries because of a defective product may be eligible to recover various types of damages. The damages that an injured consumer might recover will depend upon the severity of the injury sustained, the medical treatment required and the extent of the injuries—some of which might be permanent.
First of all, these injured consumers should recover monetary compensation for all of their related medical bills and expenses. Moreover, if they had to miss time away from work because of injuries they suffered due to the defective product, they can recover lost wage compensation.
In some defective product cases, injured consumers are eligible to receive punitive damages. The purpose of these damages is to punish the wrongdoer defendant/manufacturer for a particularly egregious or reckless action (or, in some cases, inaction).
Finally, injured consumers may be eligible to recover non-economic damages. These damages compensate consumers for all of the inconvenience, pain and suffering, embarrassment and mental distress that they went through because of their injuries. If they suffered a permanent injury, they might recover compensation for loss of the ability to use a body part or lost quality of life.
If you have suffered injuries from using an Instant Pot or some other defective appliance, the knowledgeable Palm Desert product liability attorneys at Nadrich & Cohen are here to help. We take on large product manufacturing corporations to ensure our clients receive the justice and financial recovery they deserve to move forward following an unexpected injury.
Our legal team will thoroughly review your case with yofu and do everything possible to maximize the compensation that you are eligible to recover. If the insurance company refuses to compensate you adequately, our legal team will zealously advocate for your legal rights, and if necessary, take your case to court.
Call an Experienced Palm Desert Product Liability Lawyer Today
If you suffered injuries due to a defective product, such as an Instant Pot, the skilled team of local attorneys at Nadrich & Cohen is here to assist. We can pursue a favorable settlement for all of your related injuries. If that does not work, our legal team will zealously advocate for you in the courtroom and bring your case to a conclusion.
Either way, when you entrust us with your product liability case, you can rest assured that we will passionately advocate for your legal interests and pursue the maximum amount of monetary compensation available to you.
For a free case evaluation and legal consultation, please call us today at (760) 860-1001 or contact us online to discuss your possible product liability claim or lawsuit. We never collect fees unless we successfully obtain financial recovery for you.