Pressure Cooker Explosions Attorney in Denver, Colorado
Who can I sue for injuries caused by an exploding pressure cooker?
Who can I sue for injuries caused by an exploding pressure cooker?
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You can always initiate a claim against the manufacturer of the product. However, given that these products are typically manufactured in China, the ability to sue other entities depends on state law. In most states, suing the Chinese manufacturers directly might be challenging since many of them do not operate within the United States, making it difficult to bring them to a U.S. court.
This challenge leads to a common approach in lawsuits where, if you can’t bring the actual manufacturer into court, you target the company that branded the product. For instance, if Sunbeam labels a pressure cooker, even if it’s manufactured in China, Sunbeam may be held responsible in most states for that product. Similarly, while Instant Pot is made by a Canadian company called Instant Brands, they have been brought into U.S. courts. However, it’s noted that Instant Pot is currently facing bankruptcy, posing a hurdle for those seeking claims. Despite this, there are avenues to pursue claims through bankruptcy courts in some cases.
In situations where recovery from the manufacturer or the branding company is not feasible, legal action can be taken against the retailer or seller of the product. Certain states even allow cases against the seller, even if they were not directly involved in the product’s manufacturing or design. This means that depending on the state laws, if the product was purchased from retailers like Target, Walmart, or Amazon, it might still be possible to include them as parties in the legal action, irrespective of the manufacturer’s involvement or bankruptcy concerns, as seen in the recent issues with Instant Pots.
Denver, CO personal injury attorney George McLaughlin talks about who you can sue for injuries caused by an exploding pressure cooker. One can initiate a claim against the manufacturer of the product, particularly if the product is commonly manufactured in China. However, the ability to pursue legal action against other entities depends on state law, with direct lawsuits against Chinese manufacturers often proving challenging due to their limited operations within the United States.
Faced with this challenge, a common legal strategy is to target the company that branded the product if bringing the actual manufacturer into court is not possible. For instance, if Sunbeam, a company that labels a pressure cooker manufactured in China, can often be held responsible in most states for that product. Similarly, although Instant Pot is produced by a Canadian company called Instant Brands, legal actions have brought them into U.S. courts. It’s worth noting that Instant Pot’s current bankruptcy status adds complexity to claims, but avenues for pursuing legal action through bankruptcy courts exist in some cases.
In instances where recovery from the manufacturer or the branding company is not viable, legal action can be directed against the retailer or seller of the product. Certain states permit cases against the seller, even if they were not directly involved in the product’s manufacturing or design. This means that depending on state laws, purchasers from retailers such as Target, Walmart, or Amazon may still be able to include them as parties in the legal action, regardless of the manufacturer’s involvement or bankruptcy concerns, as exemplified by recent issues with Instant Pots.
