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Vendor's Responsibility for Injury from Broken Cookware

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  • 11-29-2014, 09:13 AM
    fiveten
    Vendor's Responsibility for Injury from Broken Cookware
    My question involves an injury that occurred in the state of: Massachusetts

    I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It

    The customer is in the UK and the item was shipped there. I am a one person operation and felt terribly when I heard the news. I am located in the State of Massachusetts. This is the first time I have ever experienced anything like this. Any help would be appreciated. I recently got a letter in the mail from an UK Law firm. They are seeking a settlement.
  • 11-29-2014, 09:42 AM
    adjusterjack
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    Do you have business products liability insurance?

    If yes, turn the letter over to your insurance company and your insurance company will handle it.

    If you don't have insurance, hire a liability defense lawyer to handle it for you.

    Or, you could just take your chances and ignore the letter. Not recommended, you risk putting your financial future in the toilet, but it's up to you if you think that getting sued from the UK is unlikely.
  • 11-29-2014, 10:24 AM
    fiveten
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    Thanks for your reply, I really appreciate it.

    Unfortunately, I do not have business products liability insurance.

    I'll look into hiring a liability defense lawyer.

    Can you give me more details on what putting my financial future in the toilet can entail?
  • 11-29-2014, 10:49 AM
    budwad
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    Who drinks tea from cookware? Maybe a cup or a mug but cookware? What is the settlement they offered and what are the circumstances of the accident? Do you offer a warrantee on the product on a website perhaps? Are you the manufacturer or just a seller? Is the cookware microwave safe? Was the item dropped before use? What damage did the buyer suffer? Lots of questions.

    How do you know it is a legitimate settlement letter from a real law firm (anyone can print letterhead). They are after all in the UK. Maybe it's a scam. What proof did they offer, medical bills, pictures of first degree burns, what?

    Liability defense lawyers don't come cheap so if I were you, I would be doing a lot of research before hiring one.
  • 11-29-2014, 11:15 AM
    fiveten
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    It was a cup, and the handle fell off. They haven't offered a settlement yet. I make and sell the cups. I think the buyer suffered burns on the thigh. That is what it said in the letter.

    I'm thinking about emailing the buyer directly, I feel awful and would like to help pay for any medical bills. What I'm worried about is if it is in the thousands of dollars. As I do not make a lot of money and it would severely damage my financial stability.
  • 11-29-2014, 11:27 AM
    jk
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    So your problem is a product liability claim. From what you have described there is a good probability you would be found liable for the injuries if you cannot adequately defend the claim with something such as the user is liable because they used the product not as intended or somehow damaged the product leading to the incident

    if the user received anything more than some simple basic treatment you can be assured the medical expenses far exceed "in the thousands of dollars".

    It it would be a really good idea to consult a local lawyer to review the situation. There are a lot of issues here that can only be dealt with by an attorney who has the ability to review all of the facts.
  • 11-29-2014, 12:44 PM
    Who'sThatGuy
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    Were would the claimant file suit? MA or UK?

    If they need to file suit in MA, I would find out the extent of injury and if the injury were mild, I would ignore the suit. I'm not a lawyer, I'm basically telling you what I would do. You have a lot of homework to do with UK law.

    If they can sue in the UK, I would look into an attorney with UK law experience or find a law board like this over on that side of the pond.

    - - - Updated - - -

    Homework for OP.

    Were would claimant file suit?

    What kind of injury did claimant receive?

    At what cost is medical?

    Is medical treatment done?

    How did the cup fail? We know the handle fell off, but why?

    You also have to stop this from happening again. I would have a lawyer write you something that tells everyone that has bought a cup from you that the handle may fall off and that hot liquids can burn. You need to recall your product to protect yourself.
  • 11-29-2014, 12:57 PM
    llworking
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    They would have to file suit in the US. The UK does not have any jurisdiction over the OP.

    They would have to hire an attorney in the US to pursue the case.
  • 11-29-2014, 01:20 PM
    fiveten
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    So should I ignore the letter until I receive one from an attorney in the US?

    On the website, I advise customers not to use the handle, as it is only decorative. I advise them to hold the mug instead. The handle fell off because the epoxy failed. The epoxy is rated to 2000 psi and 300F, but still failed, unsure why.

    Thanks everyone for your advice.
  • 11-29-2014, 01:33 PM
    Lehk
    Re: I Sell Cookware and One Broke While a Customer Was Drinking Hot Tea from It
    Quote:

    Quoting fiveten
    View Post
    The epoxy is rated to 2000 psi and 300F, but still failed, unsure why. .

    most likely either you did not prepare the surface correctly or you did not mix the epoxy correctly.
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