If you’ve ever used a coffee press before I bet you didn’t think about how dangerous the endeavor could be. Think about how hot the boiling water is, how hot the grounds get in the water, the shock to the glass when boiling water is poured in. What if something went wrong? What a mess that would create and how scary it would be to see the result. If the press exploded there would be glass, boiling water, and grounds everywhere. If the boiling water shot out of the press it would burn anyone nearby. That is exactly what happened to one man.
This particular gentleman was injured when the coffee press, which he had operated without incident for over a year, failed. He poured in the boiling water, pressed the plunger, once, twice, and then it happened - water and grounds exploded through the side of the press, spewing onto his torso. Covered in boiling water and hot coffee grounds, he gasped to catch his breath. The pain was agonizing. He managed to call his wife who immediately took him to the emergency room.
The long-reaching effects of the incident have been great. Lingering pain, chiropractic problems, lost wages, the need for plastic surgery, and permanent scarring are just a few of the results. It makes one wonder if he will ever be able to be made whole.
MO Rev. Stat. 537.760 defines a product liability claim as one where plaintiff seeks damages on the “theory that defendant is strictly liable for such damages because
1) The defendant, wherever situated in the chain of commerce, transferred a product in the course of his business; and
(2) The product was used in a manner reasonably anticipated; and
(3) Either or both of the following:
(a) The product was then in a defective condition unreasonably dangerous when put to a reasonably anticipated use, and the plaintiff was damaged as a direct result of such defective condition as existed when the product was sold; or
(b) The product was then unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, and the plaintiff was damaged as a direct result of the product being sold without an adequate warning.”[1]
According to MO Rev. Stat. 516.120.4, most product liability claims are subject to a five year statute of limitations. Of course, each case’s complexities and case law provide other determining factors in this area.
Cosgrove Law Group, LLC is an advocate for people who have been victims of product failure. Utilizing our skilled team, and incorporating over 60 years of combined legal experience, we will work on your behalf to fight to make you whole again.
[1] http://revisor.mo.gov/main/OneSection.aspx?section=537.760&bid=28570&hl=