Tennessee Injury Lawyer Blog

The family of an eighty year-old Connecticut woman who died after her chenille bathrobe caught on fire while she was making tea has sued the retailer on multiple grounds, including wrongful death. Chenille is perhaps most easily recognizable as the fabric used in the various patches and letters that are sewn onto letterman’s jackets. Apparently the woman was making tea in her home on February 12, 2005 when her bathrobe suddenly ignited, burning her severely. She died a couple of weeks later. A wrongful death suit is a “survival action,” meaning it can be brought by surviving dependents or relatives of the deceased since the deceased is not alive to bring suit. The lawsuit in this case is seeking thirty million dollars in damages (but keep in mind this is for all of the claims combined, not just wrongful death).

To prevail in a wrongful death lawsuit in Tennessee, a plaintiff must prove four things:

1. That the defendant’s conduct caused the death of the decedent;


2. That the defendant’s conduct was negligent;


3. That there are surviving dependents of the victim; and


4. That the dependents suffered some sort of loss (pecuniary or emotional) as a result of the death.

In the case referenced above, the family is also bringing a product liability claim against the manufacturer, so they are basically alleging that the bathrobe was defective, which caused it to ignite suddenly and kill the decedent. If the family is successful in proving wrongful death, they will have the right to recover three different types of damages.

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From October 2007 to July of 2009, QVC sold cast iron cookware endorsed by gregarious celebrity chef Paula Deen, but now they want it back. A recall has been issued for Paula Deen Hammered Cast Iron Cookware, specifically the 11-inch cast iron griddles and grill pans (QVC items K14984, K11970 and K135024) with the Paula Deen logo engraved on the bottom. QVC is encouraging its customers to return the cookware, originally sold for between thirty-five to fifty-five dollars, and receive a full refund after the United States Consumer Product Safety Commission said that the cookware can crack or shatter when heated and poses a risk of burns and cuts to consumers. Meyer Trading Inc., the manufacturer of the cookware, and QVC informed the government that they had received reports of seventy-nine incidents involving the cookware. It is likely that most such incidents go unreported by the consumer, so the actual number of injurious incidents involving the cookware may be much higher. QVC indicated that it has contacted known purchasers of the cookware to inform them of the recall.

Clearly a cast iron pan that can crack or shatter when heated poses a danger to consumers. Primarily, consumers of the product bear the risk that the cookware will explode or crack, causing searing hot cast iron fragments to come into contact with or cut the skin. Consumers who have recently purchased this cookware should return it immediately to avoid the risk of being injured in such a fashion.

Continue reading "Consumer Products Safety Commission Recalls Cookware" »

A widely distributed defective gaming product has fallen into the hands of several children and adults across the state of Tennessee and throughout the nation. The Griffin International Wii Battery Recharge Station presents a risk of burn and fire hazard due to a defect in the battery pack that can cause it to overheat.

Over 220,000 units have been sold nationwide under the Psyclone Essential and React brands. They were sold at Target, Toys R Us and Amazon.com, but are likely still available for sale on internet auction websites and in used merchandise outlets.

So far, six incidents of overheating and two incidents of minor burns to the hand have been reported to the company and brings up valid concern regarding product liability.

The CPSC urges consumers of the product to stop using it immediately. The Wii 4-Dock Recharge Station includes a white docking station with four recharge stations and a four rechargeable battery pack.

Continue reading "Griffin International Recalls Wii Battery Recharge Stations" »

The CPSC cites burns as one of the most frequently reported injuries that occur in the home. Each year, a number of these injuries occur as a result of defective hot water heaters or hot water heaters that have been set too high. The typical victims of burn injuries from these defective products in Tennessee are children and the elderly. The National Safe Kids Campaign, for instance, reports that between four to five thousand children are burned each year in bathtubs. These burns typically cover about 12 percent of the entire body surface.

Burns from hot water heaters can be extremely painful and expensive to treat. Sometimes, a hot water heater injury can cause third degree burns to victims. Not only does this type of burn require ongoing medical treatment and outpatient therapy, but it frequently leaves the victim scarred, disfigured and emotionally traumatized.

Water heater accidents are often caused by defective designs. For example, some hot water heaters allow temperatures to be set higher than 150 degrees. The risk of burns and scars associated with this temperature setting far outweigh any benefit that might come from being able to set the water temperature above 150. In fact, the human threshold for pain from hot water exposure is about 110 degrees.

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