Product Liability

Personal Details:

Incident Details:

Specific Circumstances:

Jonathan Harris purchased a space heater, model ThermoHeat 3000, from a local hardware store on September 1, 2023. While in use, the heater overheated despite operating within the manufacturer’s stated guidelines. The device caused a small fire in Jonathan’s living room, resulting in property damage and minor burns to his hands as he attempted to extinguish the flames.

Parties Involved:

1. Jonathan Harris (client).

2. Ace Hardware Denver (retailer).

3. WarmCore Industries (manufacturer)

Notification:

Jonathan reported the incident to both Ace Hardware and WarmCore Industries. The manufacturer acknowledged the complaint but denied liability.

Injury Details:

Type of Injury:

Minor burns on both hands.

Smoke inhalation symptoms, treated at an urgent care facility

Medical Treatment:

First-aid treatment for burns.

Follow-up appointment with a general practitioner for smoke exposure evaluation.

Impact on Property:

Fire caused damage to the living room, including burnt carpeting, soot-covered walls, and a destroyed coffee table. Estimated property damage totals $8,500.

Impact on Work:

Jonathan, a remote IT consultant, lost two days of productivity while dealing with the incident and cleanup. This resulted in missed client deadlines and reduced income.

Evidence: Available

Product Details:

Receipt from Ace Hardware documenting the purchase.

The defective space heater, retained as evidence.

Photos and Videos:

Images of the fire damage and the malfunctioning heater

Videos showing the heater overheating and catching fire.

Reports:

Fire department incident report confirming the heater as the fire’s cause.

Manufacturer’s denial letter.

Fault Assessment

Impact on Property:

WarmCore Industries for producing a defective product.

Ace Hardware Denver may share liability for selling the defective heater without adequate safety warnings.

Client at Fault: No evidence indicates improper use of the heater.

Additional Information Needed

1. Confirmation of any product recalls or prior complaints about the ThermoHeat 3000.

2. WarmCore Industries’ liability insurance policy details.

3. Full assessment of repair and replacement costs for property damage.

4. Documentation of Jonathan’s income loss.

Incident Timeline

September 1, 2023: Space heater purchased from Ace Hardware.

September 18, 2023: Heater malfunctioned, causing a fire; client sustained minor injuries and property damage.

September 19, 2023: Jonathan reported the incident to the retailer and manufacturer.

October 2023–Ongoing: Repairs to the property are underway.

Type Of Incident

Nature: Product liability – defective product causing personal injury and property damage.

Next Steps for Review:

1. Investigate: Obtain reports of prior complaints, expert analysis of the product, and manufacturer’s recall history.

2. Assess Damages: Compile evidence of property damage, medical expenses, and lost income.

3. Engage Insurers: Notify WarmCore Industries and Ace Hardware insurers and seek settlement negotiations.

4. File a Claim: If necessary, initiate a product liability lawsuit to recover compensatory and punitive damages.

Incident Timeline

Prepared For: Attorney Case Review.

Prepared By: LawyersNearMe.Ai

Client Name: Jonathan Harris (+1 (720) 654-2987 )

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