Defense Prevails in Potholder Product Liability Case
Obtained summary judgment on behalf of a dollar store chain in a product liability case. The plaintiff was burned over half her body when an allegedly defective potholder, sold by our client, ignited while she was getting a pan out of her oven. The potholder ignited her nightgown, which went up in flames. Adam represented the retailer before the Supreme Court, New York County. The court dismissed the complaint against all defendants because the plaintiff’s expert testified that the potholder must have touched the heating element of the oven in order to ignite and that it would not have ignited if it were only close to the element. The plaintiff testified that she did not touch the element, which her expert tried to explain by stating that she must have inadvertently touched the element. The court found that the plaintiff’s expert relied on facts not in evidence and rejected his argument, finding that the plaintiff could not show that a defect in the potholder proximately caused the accident.