Boston Warehouse Trading Corp. issued a recall for about 2,400 of its Holiday Travel Mugs on January 9th, 2020. The mugs were recalled because they were mislabeled as safe to microwave. If the mugs were placed in the microwave, the print on the mug could spark due to being made of metal. A fire could feasibly start from the microwaved mug.
The mugs are 7 inches tall with black lids. They have a decal on them with some kind of phrase, whether “Let it Snow” or “Merry and Bright.” The lettering is bright metallic gold. The bottom half of the mugs is either green or red, while the top portion below the lettering is white. On the back stamp beneath the glaze and wrap band, you can find the words “microwave safe.”
The mugs were manufactured in China and imported into Massachusetts. They were sold exclusively at Meijer stores from October 2019 through November 2019. They cost about $10.
To date, there have been no injuries reported, but there has been a single report of the mug sparking when a customer placed the item in the microwave.
The company recommends refraining from using the mugs and returning them to the original location where they were purchased to receive a full refund. Customers can also call Boston Warehouse Trading Corp. for a full refund.
Risks of Non-Microwave Safe Mugs
Many individuals put their mugs in the microwaves so they can heat up tea, coffee, and other drinks. They are usually keenly aware of the items they can put in the microwave to prevent damages. If an item claims to be microwave safe, there is little reason to doubt it. Leaving a non-microwave safe item in the microwave can cause a fire.
The fire is generally caused when the metal is heated up and exposed to the heat. Many times, dishes have silver lining on them or glasses have gold or silver bands. The mugs have gold lettering, which was overlooked. The fire will not always be contained to the interior of the microwave; it can spread, catch the other wires, and eventually cause the entire appliance and its surroundings to go up in flames.A fire, whether it is localized to one small appliance or has engulfed an entire room, can lead to extreme damages. The most common burns are first-degree burns, which only affect the outermost layer of the skin. They result in small red welts, sensitivity, and numbness. They may only take a few days to heal. However, the longer the flesh is exposed to the flame, the more severe the burn will be. Second-degree burns and third-degree burns affect deeper layers of the skin and often result in blisters and extreme pain. There may be total numbness or extreme sensation to light touch or elements. The skin may turn deep red or white and take weeks to heal. In the most severe cases, these burns require skin grafts and need total reparation. Permanent nerve damage and disfigurement or scarring is common in these situations.
In the worst scenarios, a fire that breaks out in the kitchen can completely engulf a house and cause total property loss and loss of life. Firefighters may not be able to save individuals inside of a home, and the flames and smoke may completely block some individuals from leaving or escaping.
Guideline to Sue Boston Warehouse Trading Corp. for a Defective Mug
Filing a product liability claim against Boston Warehouse Trading Corp. requires that you establish that the company was negligent in some manner. This can be shown in one of three ways. The first involves showing that there was a design flaw with the product that should have been caught during its development. The mugs should not have been designed with metallic lettering, but there is the possibility no metallic lettering was intended to be used. This brings us to the second possibility: that there was a manufacturing error that involved the wrong materials being used. It is likely that the manufacturer ignored certain specifications and used the wrong material on the mugs or simply chose to go with what it had. Finally, it is possible that there could have been no warnings on the mug, but this was not necessary. Evidence points to a manufacturing error in some capacity.
For an effective lawsuit, you will need sufficient evidence on your side. You should complete the following:
Firstly, go to the hospital or to the doctor if you have been burned. You should not wait too long to go get treatment, for two reasons – one, the longer you wait, the more likely it is that your injuries will worsen, and two, if you don’t go immediately, the insurance agent can doubt that you were hurt by a broken mug and debate the timeline of events. It is also important that you hold on to the medical receipts you receive and make copies of any doctor’s notes or treatment plans.
Next, you should take photos of your injuries, the broken mug, the fire results, the damaged microwave, and more. It is good to have such concrete evidence of the consequences.
If there were any eyewitnesses who can give you their statements who saw the mug catch fire, you can add them to your claim. You may also find other people whose mugs caught fire for the same reason and join a class action lawsuit against Boston Warehouse Trading Corp.
You should not return the mug to the company, pursue a refund, or try to fix it. Ny tampering with the mug in any way can void your claim and ruin your evidence. If you get rid of the mug, you won’t have the proof you need to sue.
If you kept the receipt when you bought the mug, you can produce it to show that you were the legal owner.
Lastly, you should seek out a skilled product liability lawyer to sue Boston Warehouse Trading Corp. for a defective mug. You might not have any legal experience, and if you have never handled a claim or dealt with an insurance agent, you may not know where to begin. Your case may be thrown out with little to no discussion. We will work around the clock to argue for a fair settlement and we will make sure the agent considers all the factors in the case. You will have a better chance of success if you pursue adequate legal representation.
Deadline to Sue Boston Warehouse Trading Corp. for a Defective Product
There is a 2-year statute of limitations on product liability lawsuits in California. If you fail to adhere to this deadline, you will be unable to receive any future compensation. The statute of limitations is in place so that both parties will have ample time to gather proof. Evidence is less likely to get lost and people are more likely to be present with a shorter statute of limitations. There are a few scenarios in which the statute of limitations can be extended. They include the following:
- Minors can wait until they turn 18 years old to sue
- Victims left incapacitated mentally or physically can wait until they return to full health to file a claim
- Victims can wait until the defendant returns to the state if he is absent before they enact a lawsuit
Many claims end up failing to get filed because of the lack of awareness or attention to the statute of limitations. It is important that you familiarize yourself with the deadline. You can contact our firm to ensure that you are on track, and if we handle your claim, we will submit your lawsuit appropriately on time.
Winnings from a Defective Product Lawsuit against Boston Warehouse Trading Corp.
The value of your defective product lawsuit against Boston Warehouse Trading Corp. will be determined by the insurance agent handling the case. He will look at the extent of the damages you suffered, the level of responsibility, the impact on your job, and more. He will then make an offer, and if we are not satisfied with it, we will negotiate a better deal. Our goal is to bring you coverage for:
- Medical bills from the past and future for any treatments
- Property damage for any broken items
- Reimbursement of lost wages from the past and future
- Pain and suffering damages
- Wrongful death damages if a loved one died in a fire caused by the defective mug
We will not hesitate until we believe the result is satisfactory. Contact our lawyers for more assistance filing a product liability claim.
Los Angeles Lawyers for You
The Downtown LA Law Group has a team of experienced Los Angeles product liability lawyers who will gladly handle your case from start to finish. We are aggressive and effective, and we have won hundreds of millions of dollars in restitution for our clients throughout the years. We will go to court if we must for your case and our clients are always satisfied with our representation.
For a free legal consultation to discuss your claim, its worth, the procedure, and the legal process, call our law offices today. We will also tell you more about our zero fee guarantee which promises that you will pay no out of pocket fees for our services. If we win, our payment will come as a portion of the settlement from Boston Warehouse Trading Corp. If we lose, we take nothing whatsoever and eat the costs we spent on the case.
Don’t hesitate to contact the Downtown LA Law Group to sue Boston Warehouse Trading Corp. for burn injuries from a defective Holiday travel mug.