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  1. #1
    Join Date
    Jan 2010
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    New Jersey
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    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.

  2. #2
    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.

  3. #3
    Join Date
    Nov 2014
    Posts
    6

    Default 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.

  4. #4
    Join Date
    Sep 2012
    Posts
    1,991

    Default 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.

  5. #5
    Join Date
    Dec 2014
    Location
    Stockdale, Texas, United States
    Posts
    2

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

    I'm not by any means any sort of authority on this, but AFAIK, care for things like burns, etc. are covered in the UK by their National Health Service, aren't they? If that's the case, why would the customer be suing for medical costs?

  6. #6
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

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

    Because U.S. law allows it. UK does not allow for the kinds of tort damage awards the U.S. does. It is entirely foreseeable that a person might pick up a hot cup of tea with the handle on the mug. No amount of disclaimer that the handle is only decorative is going to overcome that. The product has a design flaw. The OP is engaged in business. The mugs were not changed after they left his control. It was unreasonably dangerous due to the design defect, and it was used in a foreseeable way by someone who was injured because of the defect. This is an open and shut strict liability case based on the facts presented, and the injured party can certainly sue the manufacturer in the U.S.

    The one thing I still find confusing is how "cookware" got into the conversation.

  7. #7
    Join Date
    Nov 2014
    Posts
    6

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

    I used the term cookware incorrectly. I meant to write drinkware.

    The law firm that sent me the letter is a UK law firm. Do you think they will file suit in the UK or the US if they do at all? Is there any advice you can give me?

  8. #8
    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

    Quote Quoting fiveten
    View Post
    So should I ignore the letter until I receive one from an attorney in the US?
    I would. The worst that could happen is you find a letter from a U.S. attorney, the best thing that could happen is it would just blow over. Or what I think will happen is you will find your product slandered on the Internet somewhere from this person.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

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

    Quote Quoting llworking
    View Post
    They would have to file suit in the US. The UK does not have any jurisdiction over the OP.
    That is not likely to be correct, given that the OP is apparently selling products in the U.K.
    Quote Quoting fiveten
    View Post
    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.
    If your handles are going to fail during ordinary use, instructions or no, you should either find a way to properly affix the handles such that they do not fail or sell your mugs without handles.

  10. #10
    Join Date
    Nov 2013
    Posts
    7,056

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

    Quote Quoting Mr. Knowitall
    View Post
    That is not likely to be correct, given that the OP is apparently selling products in the U.K.
    But I think he would have to be served in the UK for them to have any jurisdiction. More likely he would have to be sued in the US.

    And let's not forget that there is also a cross-claim against the epoxy manufacturer who I would think has product liability insurance.

    I doubt this is the first mug that OP has sold using the epoxy. If it is rated up to 300F, I suspect that the buyer overheated the mug in a microwave as that is the way a lot of people heat water for a cup of tea. The epoxy got soft and let go.

    I think that it would be a very hard case to prove product liability in either country.

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