HOT SOUP & BURN INJURIES


Nationwide Product Liability Success
Nationwide Success

Defective Soup Packaging & Burn Injuries

Ohio Product Liability Lawyer

Instant soup and ramen noodle products are very popular for young and lower-income Americans because they are cheap and filling food. But thousands of burn and soup scalding incidents each year highlight the risks of instant soup products. Young children are at the highest risk of burn injury, and reports say instant soups cause about one in five childhood scald burns in the United States.

Instant soups typically are packaged in thin, plastic microwavable cups, and easy for children to use. But many of the products do not have a proper burn or scald risk warning on the packaging. Instant soup burn lawsuits and instant noodle injuries are growing with the number of accidents.

Recently, researchers estimated that instant soups and instant noodle cups are to blame for almost 10,000 pediatric burns in the United States each year. Scald burns caused by liquids or steam can be severe and may require hospitalization and surgery.

Joe Lyon is a highly-rated Cincinnati burn injury lawyer and Ohio Product Liability Attorney reviewing instant soup burn lawsuits for injured plaintiffs nationwide.


Common Food & Beverage Burn Risk


Hot foods and beverages must be managed for consumers, or a food manufacturer or restaurant may be held liable for putting consumers at unnecessary risk. Common food products and appliances that can pose fire and burn risks include:


Instant Soup Burn Lawsuits


Most food-related burns affect the bodily region from the shoulders to the groin in children between 4 and 7 years old. Often children are injured pulling food from the microwave or underestimate the heat of a dish. Other times, a poor product design can make instant soups and noodle cups particularly dangerous. Flimsy paper or Styrofoam cups can make for unstable containers.

A 2006 study published in the Journal of Burn Care and Research assessed the stability of instant soup containers and found taller and thinner cups are easier to tip than shorter cups. If manufacturers are aware of the risks their product presents to consumers and fails to warn or protect users, they may be held liable in product liability lawsuits.

The Lyon Firm is experienced in litigating burn injury cases for injured plaintiffs nationwide in a wide variety of food product lawsuits. When companies fail to warn consumers of the potential risks of their products and injuries result, personal injury and product liability lawsuits may be necessary to hold the negligent party liable.

Questions about Scalding Soup &  Defective Packaging Cases

What is a Product Liability Lawsuit?

Product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies to different factors than negligence-based claims.

In negligence cases, the actions of the defendant are the focus. In strict liability claims, the focus is on the condition of a product at the time it left the manufacturer. If a product is determined to be defective, the company is liable for any foreseeable injuries that are in-part caused by the defective condition of the product.

What are some examples of Product Liability?
How is a Product Defined as Defective?
Ohio Definition of Defective

A product is defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:

(1)  Manufacturing/ Construction Defect:

These issues arise where the product is released from the factory in a manner that deviates from the intended design or specifications. The defect can be a result of using the wrong materials, including the wrong or completely foreign materials (e.g., Tylenol contamination, food poisoning, damaged car part from factory installation).

As a result of the deviation, the product enters the market in an unreasonably dangerous condition and the consumer is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.

(2) Defective design and/or formulation:

Defective design product liability cases arise not because a mistake was made during the manufacturing process, but rather the original design of the product is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer.

Federal regulations set minimum standards for the design of many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product. Automotive recalls and product liability cases are usually a result of a defective design. Common cases include the Toyota Brake Recall, Chrysler Gen III seat belt buckle, lap belt only cases, Metal on Metal hip implants, transvaginal mesh.)

(3) Failure to warn or inadequate warning or instruction associated with the product:

All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the product and use of the product unsafe, the manufacturer is liable for the failure to place the warning. The most common area of litigation for failure to warn is in pharmaceutical litigation.

Pharmaceutical manufacturers are required to warn of the known or foreseeable side effects and update the warnings in a timely manner. Litigation arises where there is evidence the manufacturer failed to timely update a warning in light of new data or simply ignored the risk and failed to conduct sufficient research to identify and then disclose the risk.

(4) Misrepresentation:

The product fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty.

The warranty may be written or implied based upon the products intended purpose and merchantability. An example of a breach of warranty cases are cases involving automotive defects.

How do you prove design defects?

Risks:  The following factors are considered under Ohio law when determining the risks associated with the design of a product:  (1) the magnitude of the risk of injury; (2) ordinary consumer awareness of the risk for injury; (3) the likelihood of causing injury; (4) the violation of a private or public standard; and (5) the consumer’s expectation of the performance of the product and level of danger. Ohio Revised Code 2307.5 (B) Product Defective in Design or Formulation.

BenefitsThe following factors are considered under Ohio law when determining the benefits associated with product design: (1) the utility of the product; (2) availability of an alternative design; (3) the magnitude of risks associated with an alternative design. Ohio Revised Code 2307.5 (c)

Defenses for Defective Design(1) a pharmaceutical drug or medical device is not defective by design if it contains an adequate warning of an unavoidably unsafe aspect of the pharmaceutical or medical device; (2) the dangerous aspect is inherent to the product, recognizable, and cannot be eliminated without compromising the product’s usefulness; (3) a lack of a feasible alternative design. 2307.75 (d)(e)(f).

EXAMPLES:

What is a manufacturing defect?
  • A manufacturing defect is based on a defect that occurred during the manufacturing process. Many auto companies have been involved in this kind of product liability lawsuits in recent years, due to defective airbags, software defects, tire failure, and other dangerous manufacturing errors.

    Most manufacturing defect cases are based on a products deviation from the intended specification, formula, performance standards, or design model. In such cases, it may be easy to determine the product did not comply with the intended design.

    The product may be recalled as a specific lot is identified as being non-compliant and defective. A product may be defective in manufacture or construction, materials and assembly, and a manufacturer or distributor may be subject to strict liability, even though it exercised all possible care.  Ohio Revised Code 2307.74.


    Manufacturing Defect Examples:

What is a failure to warn lawsuit?

In determining whether a product is defective due to inadequate warning or instruction, evidence must be presented to prove:

  • The manufacturer knew, or in the exercise of reasonable care, should have known about a risk
  • A reasonable manufacturer would have provided a warning of the risk
  • The manufacturer failed to provide the warning
  • The person was injured due to a lack of warning. The same elements apply whether the claim is based on a warning present during the marketing or post-sale warnings.

Defenses to Failure to Warn Claims(1) the risk was open and obvious or a matter of common knowledge; and (2) in cases of a pharmaceutical drug or medical device, the warning was provided to the prescribing physician (“Learned Intermediary Doctrine”).

Many pharmaceutical companies have been targeted in failure to warn lawsuits for either failing to place warnings on medication guides and packaging or failing to properly test their product before putting it to market.


 

What are consumer product safety regulations?

Design and manufacturing defects result in thousands of product recalls each year in the United States, initiated by federal safety agencies. Following injury and illness, regardless of recall status, victims and plaintiffs may pursue legal action and contact a product liability lawyer to begin the litigation process. Rightful compensation can be sought and help plaintiffs recover medical costs and other related damages.

Product liability law overlaps with regulatory law, which are the systems of legislative rules and administrative agencies, and part of federal and state governments. These agencies regulate the safety of the products sold to the public. Examples include:

  • The Food and Drug Administration (FDA)
  • The National Highway Traffic Safety Administration (NHTSA;)
  • The Consumer Product Safety Commission (CPSC)

The listed government agencies, however, may initiate recalls of dangerous products but do not provide remedies or compensation for damages where an individual is injured due to the defective product.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Product Liability Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Product Liability lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world 

What Are the Legal Steps Following Should You Do Following Scalding Soup: 

1. Secure the product packaging; 
2. Secure any receipt of purchase; 
3. Photograph the packaging and receipt;
4. Photograph the scene before cleaning; If you already cleaned, then photograph the scene post cleaning;
5. Follow all medical advice;
6. Photograph the progression of the burns;
7.  Create a spreadsheet to track all expenses related to the injury;

 

Lyon Firm Experience in Burn Injury Cases

The Lyon Firm has experience representing clients across the country in a variety of burn injury cases, including scalding soup burn injuries, explosion injuries due to cooking spray, as well as work and residential heater flash burn injuries.

Daycare Negligence in Preparation & Handling of Food:

Scalding Soup Burn Injury

(Hamilton County , Ohio): 

The Lyon Firm is currently representing a young Indian girl who was injured when a thermus of hot scalding soup was spilled onto her back during a daycare session.  

The case involves the negligent preparation and handling of meals for the children where the food was prepared at excessive temperatures for children, and the thermos was left unsecured in a room full of young children.  

A trial is set for June, 2021.  

Defective Propane Wall Heater

Flash Burn Injury: Wrongful Death 

(Hillsboro, Ohio): Confidential Settlement. 

The Lyon Firm secured a settlement for the family of elderly man who was catastrophically burned while operating a propane wall heater. The burns resulted in his unfortunate death. The heater, manufactured and sourced from China, was alleged to allow the flame to reach outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation. The recovered funds were paid to the victim’s surviving spouse and children. The company no longer manufactures this type of heater.


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