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  1. #1
    Join Date
    Mar 2013
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    18,340

    Default 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.

  2. #2
    Join Date
    Nov 2014
    Posts
    6

    Default 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?

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default 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.

  4. #4
    Join Date
    Nov 2014
    Posts
    6

    Default 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.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default 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.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

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

    Quote Quoting fiveten
    View Post

    Can you give me more details on what putting my financial future in the toilet can entail?
    If you are sued it can cost you way upwards of $20,000 to defend a lawsuit that could take a few years to resolve.

    If you lose, worse case scenario, the injured person is a high paid swimsuit model who can no longer model because of scar tissue on her thigh. You could be looking at a judgment for hundreds of thousands of dollars. You'd have to file bankruptcy if eligible. The judgment or the bankruptcy would certainly put your financial future in the toilet.

    I suggest you get a handle on the problem with your product (pun intended) and then go buy products liability insurance if you decide to continue this business.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

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

    Ignore any attempt at service from the UK. Stop selling garbage to people and let this be your lesson. The finger holes should be molded into the ceramic not glued on.

  10. #10
    Join Date
    Nov 2014
    Posts
    6

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

    Ok that is what I will do. Thanks everyone. You have no idea how grateful I am for your consultation.

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