Is this enough to file a lawsuit against Anchor?
UPDATED: Sep 30, 2022
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Is this enough to file a lawsuit against Anchor?
I have a 2L glass measuring cup from
Anchor that is said to be microwave
safe. I put it in the microwave for 8
minutes to cook rice as directed.
Once the 8 minutes was over my
boyfriend burnt himslef try to grab it.
I suggested he uses a towel to grab it.
It was a lot warmer than I expected,
the towel almost caught on fire turned
black and started steaming. As he
grabbed it out it deformed the handle
it was warm enough for the glass to be
melting. I was then worried for the
next hour that it would explode
worried about my cats being near it or
eating any glass piece that pops out of
it. A tiny piece did pop out of it,
thankfully I disposed of it before my
cats could get to it. I still have the
deformed measuring cup as evidence as
well as a picture of the burnt towel.
Asked on February 23, 2017 under Personal Injury, Alaska
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Prior to filing a lawsuit against the manufacturer and seller (store where you purchased the measuring cup, it may be possible to settle the case with their insurance carriers). Your claim should include photos of the burnt towel and the deformed measuring cup.
If the case is settled with the insurance carriers for the manufacturer and store, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file a lawsuit against the manufacturer and seller for both negligence and strict liability.
Negligence is the failure to exercise due care to produce a product that is not defective.
Strict liability is liability whether or not due care was exercised.
The seller (store) is liable even if it could not have known the product was defective.
If the case settles with one, but not both parties, only name the party (manufacturer or seller) with whom the case did not settle as a defendant in your lawsuit.
Your boyfriend has a separate personal injury claim. When he completes his medical treatment and is released by the doctor or is declared to be permanent and stationary which means having reached a point in his treatment where no further improvement is anticipated, he should obtain his medical bills, medical reports and documentation of wage loss. His personal injury claim filed with the insurance carriers for the manufacturer and store should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carriers for the manufacturer and seller, NO lawsuit is filed.
If he is dissatisfied with settlement offers, reject the settlement offers and file a lawsuit for negligence and strict liability against the manufacturer and seller.
If the case is settled with one, but not both parties (manufacturer and seller), only name the party with whom the case has not settled as a defendant in the lawsuit.
If the case is NOT settled, your boyfriend's lawsuit must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights in the matter forever. His case is separate from yours.
If your case is NOT settled, your lawsuit discussed above must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.