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Category Archives: California Personal Injury

Remember the 1994 McDonald’s hot coffee case? It was the highly publicized product liability lawsuit  that resulted in a New Mexico civil jury awarding $2.86 million to plaintiff Stella Liebeck.  Ms. Liebeck had suffered third-degree burns in her pelvic region when she accidentally spilled hot coffee in her lap after purchasing it from a McDonald’s restaurant. She was hospitalized for eight days while she underwent skin grafting, followed by two years of medical treatment.

Now in a similar product liability case,  a New Jersey woman is suing Dunkin’ Donuts over severe burns she claims to have suffered when the lid on her hot apple cider dislodged and the hot contents spilled on her.   Ms.Jennifer Fragoso claims the cider was heated “beyond industry standards to the point where patrons could not safely consume it because it was not reasonably fit, suitable or safe for its intended purpose.”

She filed suit against Dunkin’ Donuts and Anju Donuts, the owner-operator of the franchise where the accident allegedly took place. The suit, Fragoso v. Dunkin’ Brands, Inc. d/b/a Dunkin Donuts, includes counts for negligence, product liability and breach of express and implied warranties.The complaint does not focus on the adequacy of the beverage cup or lid, or of the printed warning, but rather on the temperature of the drink.

California Dangerous and Defective Products Liability Laws

What is a defective product?

Defective products are goods that are commercially produced and distributed that are:

  • Unfit for its intended use

  • Dangerous or harmful for normal use

  • Not provided with adequate instructions for usage

  • Inherently dangerous due to defective design, assembly, or manufacture.

Consumer product safety issues involving dangerous, defective, or faulty products are civil lawsuits that fall under Tort Law.

If you have been injured by a dangerous, defective, or faulty product, you may have the basis for a product liability lawsuit.  As an experienced San Diego Personal Injury Attorney, Mr. Cameron will carefully evaluate your case and determine if you can sue.  Call the Law Office of Peter S. Cameron today at 619-819-5021 for a free consultation.  We are here to help you.

This article is for educational and marketing purposes only.  It does not create an attorney-client relationship

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