Consumer Sues over Exploding Wine Cooler Bottle
A recent lawsuit out of Pinellas County reminds us of how dangerous simple consumer goods can be. Without warning, everyday items can explode, catch on fire, malfunction, or otherwise damage unsuspecting consumers, who often suffer devastating injuries as a result. If you have been injured by a defective product and don’t know where to turn, contact Bundza & Rodriguez right away.
The Case of the Exploding Wine Cooler
According to a complaint filed this June in Pinellas County Circuit Court, Tamra Marley was injured when a Seagram’s wine cooler suddenly and without warning exploded. Marley had purchased four wine coolers at a Save-A-Lot on March 7, 2016. As a result of the explosion, Marley alleges that she has suffered grievous bodily injuries that have caused disability, pain, scarring, and mental anguish. She counts as economic losses the amount of medical care and treatment necessary to tend to her injuries.
Marley has brought suit against Great Bay Distributors, alleging that they did not use sufficient care when handling their product. According to Marley and her attorneys, Great Bay breached an implied warranty of fitness, and that this breach resulted in the explosion. Marley has brought suit for more than $15,000 in damages, interest, and attorneys’ fees. She has asked for a trial by jury.
The recent case in Pinellas County is just one of many lawsuits brought around the state for defective products that injure consumers. If you have become a victim, you can sue a defendant under one of many different legal theories, including:
Breach of warranty. Retailers make certain promises when they sell goods. A warranty can be express, but the law imposes some implied warranties. One implied warranty is the warranty of merchantability, which promises that a product will work as you expect it to. When the product fails, you can sue the retailer.
Like all people, manufacturers and others owe people a duty to be careful. If they breach this duty, and they injure people in the process, they can be held liable. For example, a manufacturer might not be careful in how they designed a product, or a retailer might have handled goods improperly before selling them.
Product liability. Our clients have also sued defendants for selling products that are unreasonably dangerous because of a defect in design or manufacture, or because of insufficient warnings or instructions.
Each of these legal theories has advantages and disadvantages, which your Delray Beach products liability attorney can explain to you. Leave it to them to decide which legal cause of action to pursue against the defendant.
Experienced Products Liability Attorneys
At Bundza & Rodriguez in Daytona Beach, our products liability team is here to serve you. As part of our representation, we have secured compensation for medical care, lost wages, pain and suffering, and mental anguish on behalf of our clients. To learn more about whether you have a legitimate claim, please contact us to schedule a free consultation. You can reach us by calling 386-252-5170 or by submitting our contact sheet.