Home > Research Legal Advice > Personal Injury > Do i have any legal recourse in this personal injury situation?
Asked 3 months ago - Jamaica, NY
Flagi 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 .
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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.
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.
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.
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.
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.
