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Can I sue the Hot Pack company?

Indianapolis, IN |

My wife put a hot pack in the microwave and the pack inflated. She opened the microwave to check it out. As she touched the pack, the pack burst and the gel in it came on her hands causing her some burns. The pack has instructions on it which says that the if the pack inflates, close the microwave and wait till the pack deflates. A similar incident happened with another person I know but luckily no one got hurt. Can I sue the hot pack company?

Attorney Answers 4

  1. It may be difficult if the instructions were not followed. You would have to prove that the product is inherently dangerous. I would suggest meeting with a local injury attorney to discuss. Bring the product and the instructions with you. Most attorneys will offer free initial visits.

  2. It is a difficult case since there were warnings and usually quite expensive to litigate. However, if the the warnings were not sufficient and the injuries were significant, you might want to pursue an action.

    Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

  3. You can certainly have a local defective product lawyer investigate. Avvo has a terrific "find a lawyer" tool to find an aggressive top-rated Avvo attorney with a low contingency fee. Good luck.

  4. This would be an uphill battle. Did your wife observe the warning before she touched the pack? If not, it would depend on how visible or obvious such a label was. She should consult with an experienced products liability attorney ASAP.

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