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Do i have any legal recourse in this personal injury situation?

Jamaica, NY |

i made a bowl of hot oatmeal on my stove , poured it in a Luminarc bowl , the bowl shattered ( i suspect it was the hot food that structurally weakened the bowl ) and cut me so deeply in my thumb that i needed lengthy surgery to repair the damage . do i have any legal recourse regarding the bowl maker ? if so , where do i begin ? thanks much .

Attorney Answers 13


  1. Take photos of the bowl; stove & retain the bowl & any broken pieces. Need to know how long ago bowl was purchased; any warning of its use, etc. Immediately contact a local NY personal injury attorney.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  2. You absolutely may have a remedy available. I agree with my colleagues. Contact a personal injury attorney memdiately.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. Sounds like you have a case from the facts that you have presented. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
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    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  4. Luminarc (Euro pyrex) has been documented despite their claim of high heat resistance for cooking to shatter per an investigation by Consumer Reports around 2010. Save the pieces for investigation by an expert to confirm it was heat that shattered the bowl and not somethng you did, like dropping it. The fissure lines may differ between such events. Go to an attorney who will have the bowl tested if s/he thinks the damages are severe enough. There is also the possibility of punitive damages since they have known for over 3 years now of the problem and are still denying it, and if proof of the defective nature is shown to have been known, the damages could be much bigger than just your surgery.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  5. Yes. It appears you have a viable products liability claim. Consult an attorney and save all the evidence.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  6. From the facts given, seems like you may have a case. Save all the evidence and find an attorney with products liability experience. Regarding where to start, any one of the fine attorneys answering this question may be able to point you in the right direction. In the alternative, you might consider contacting the Queens Bar Association and ask them for a referral.


  7. You have a potential product liability case. You want to keep possession of the bowl so that it can be analyzed by an expert. You should get in touch with a New York personal injury attorney that specializes in product liability litigation as soon as possible.

    Good luck.


  8. I disagree with the other posts. While I think you should investigate the potential due to the severity of your injury, I think you have a very difficult claim at best. Perhaps it is me, but I have trouble envisioning how the incident occurred, and if do, I would imagine a jury would too. How were you holding the bowl such that it shattered and went into your thumb? When i see one holding a bowl, especially while pouring a hot substance into it, the thumb(s) are either on top, or the bowl is resting on a counter. Thus, I can't picture how it happened. My next question would be how old the bowl was and how it was used? Were there cracks? Was the incident witnessed? Will you be able to prove that the bowl shattered because of the heat and that you didn't drop it? For those reasons, I would not get involved if I got a call with similar facts. That said, you should investigate the possibility of a claim and speak with an attorney, but I think it will be a very difficult matter to succeed on. I wish you the best and hopefully one of the attorneys that responded and disagree with me can help you. Good luck.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  9. I disagree with the other posts. While I think you should investigate the potential due to the severity of your injury, I think you have a very difficult claim at best. Perhaps it is me, but I have trouble envisioning how the incident occurred, and if do, I would imagine a jury would too. How were you holding the bowl such that it shattered and went into your thumb? When i see one holding a bowl, especially while pouring a hot substance into it, the thumb(s) are either on top, or the bowl is resting on a counter. Thus, I can't picture how it happened. My next question would be how old the bowl was and how it was used? Were there cracks? Was the incident witnessed? Will you be able to prove that the bowl shattered because of the heat and that you didn't drop it? For those reasons, I would not get involved if I got a call with similar facts. That said, you should investigate the possibility of a claim and speak with an attorney, but I think it will be a very difficult matter to succeed on. I wish you the best and hopefully one of the attorneys that responded and disagree with me can help you. Good luck.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  10. Good news - based on the facts presented, you have a case.
    Good news (for your case) - it sounds like you have a serious injury.
    Bad news - its very hard to prove a defect
    Bad news - its very expensive to prove a defect
    Bad news - its also expensive bc you have to hire a medical expert

    Save everything and bring everything to a personal injury attorney in your area who is familiar with the Products Liability Act and offers free 30 minute consultations (like me).

    Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  11. More info is needed, for example, was the bowl new or old? Consult defective products lawyer.


  12. If you contact me I can recommend an atty to handle your products liability case.


  13. First you need to save every part of the bowl. You have to have it evaluated but first do research or have your lawyer research the product specifications and warnings for the bowl. See if similar instances have occurred by research the consumer product safety postings am possible recalls.

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