Product Liability

Personal Details:

Incident Details:

Specific Circumstances:

Emily Turner purchased a high-powered blender, model BlendMax Ultra, from TechMart on June 15, 2023. While blending soft fruits as per the user manual instructions, the blender's motor overheated and caused the glass pitcher to shatter, resulting in lacerations to Emily’s left hand and wrist from the flying glass shards.

Parties Involved:

1. Emily Turner (client)

2. TechMart (retailer).

3. BlendMax Industries (manufacturer).

Notification:

Emily contacted TechMart and BlendMax Industries immediately after the incident. BlendMax Industries offered a refund but denied responsibility for the injuries

Injury Details:

Type of Injury:

Deep lacerations on the left hand and wrist, requiring stitches.

Lingering pain and limited hand mobility, affecting daily activities.

Medical Treatment:

Initial treatment at White Plains Emergency Clinic for wound cleaning, stitching, and pain management.

Follow-up consultations to monitor healing and assess the need for physical therapy.

Impact on Work:

Emily, a personal chef, was unable to fulfill client appointments for three weeks due to her injuries, resulting in significant financial losses and canceled contracts.

Evidence: Available

Product Details:

Purchase receipt from TechMart.

The defective blender, retained as evidence.

Medical Records:

Detailed notes from the emergency clinic, including photos of injuries.

Photos and Videos:

Pictures of the shattered glass and the injured hand.

Video showing the blender emitting smoke before the glass pitcher shattered.

Customer Complaints:

Online reviews and complaints of similar issues with the BlendMax Ultra overheating.

Fault Assessment

Party at Fault

BlendMax Industries for producing a defective blender.

TechMart may share liability for selling a product prone to malfunction without adequate safety disclosures.

Client at Fault: No evidence suggests misuse of the blender by Emily.

Additional Information Needed

1. Records of prior complaints or lawsuits involving the BlendMax Ultra model

2. Confirmation of liability insurance for BlendMax Industries and TechMart.

3. Expert analysis of the blender to confirm the defect.

4. Evidence of lost income due to Emily’s inability to work

Incident Timeline

June 15, 2023: Blender purchased from TechMart.

July 10, 2023: Incident occurred, resulting in injuries and damage to kitchen surfaces.

July 12, 2023: Emily contacted BlendMax Industries and TechMart to report the issue.

July 2023–August 2023: Ongoing medical treatment and recovery.

Type Of Incident

Nature: Product liability – defective product causing personal injury.

Next Steps for Review:

1. Investigate: Obtain expert analysis of the defective product and any recall history.

2. Assess Damages: Compile medical bills, evidence of lost income, and repair costs for kitchen damage.

3. Engage Insurers: Approach BlendMax Industries and TechMart’s insurance for compensation.

4. File a Claim: If settlement efforts fail, initiate a product liability lawsuit to recover damages.

Incident Timeline

Prepared For: Attorney Case Review.

Prepared By: LawyersNearMe.Ai

Client Name: Emily Turner (+1 (914) 789-3342 )

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