On November 14th, 2019
, Kenmore issued a recall for its Elite Microwave Ovens
due to a potential injury hazard stemming from a wiring issue. The internal wiring of the microwave could be faulty, leading to a temperature imbalance; the interior of the microwave could heat up to more than 183 degrees, leading to burns.
The microwaves are 1000-watt countertop brands
that are not affixed to a stove. They are chrome and black in color. On the rear of the microwave, you can find the model number (204.77603610)
and serial number range (17042700001 through 17042700684)
. The brand name, Kenmore Elite, is found near the bottom of the microwave door.
About 700 of the units were recalled. They were sold at Sears and its affiliated stores from May 2017 to July 2018 for $350. They were manufactured in China and imported by Sears into Illinois.
To date, there have been no incidents or injuries reported due to accidents from the incorrect wiring
. However, Kenmore is still recommending that users stop using the microwaves, unplug them, and contact Sears for a free in-home repair.
Accidents from Faulty Wiring in Microwaves
Faulty wiring is an issue in any appliance, not just microwaves. However, with microwaves, it can prove to be a great danger because of the location of the appliances and how often they are used. Microwaves are often located next to other high-power-usage electric items that can cause circuits to short and outlets to catch fire. If the wiring inside of a microwave is faulty
, it can generate excessive electricity, leading to the fires.
Additionally, the internal temperature of the microwave can rise. If someone puts his hand inside the microwave, the glass can be extremely hot to the touch, and the metal fixtures and parts can cause burns. The screws, strips, and other parts can be scorching, as well. Glass can shatter from the intense heat, and the bowls or plates you placed inside the microwave can explode, too.
These accidents can lead to various injuries, including:
- Burns, from first-degree to third-degree, which can cause redness, swelling, blisters, infections, loss of feeling, numbness, dead skin, necrosis, and more
- Fire damage
- Bruises and cuts
- Internal organ damage
- Lung damage
These damages vary from small touches in the microwave to effects from full-fledged fires that can destroy a home or apartment building. It is important that you take care of your appliances and make sure that there are no issues with any one of them, especially the Kenmore Elite microwaves. If you notice an issue or you are using one of the malfunctioning appliances, contact a product liability attorney
How to File a Product Liability Lawsuit against Kenmore
In order to sue Kenmore for a defective product, you must be able to prove that there was negligence involved on behalf of the company. That is, you must show that they made an error with respect to the product. Product liability claims can be filed on three types of negligence. They are as follows:
- There was a design flaw with the product, which means there was an issue when it was thought up or drawn together
- There was a manufacturing error with the item, which happened because a machine was broken or did not act properly of those who were assembling it did not do so correctly
- There were no warning or hazard symbols and sins on the item or on the packaging of the item
Microwaves generally have warnings present, but they do not often need any for the wiring or burn problems. There was likely an issue with the manufacturing of the problem that could be fixed with a simple repair.
If you plan to file a lawsuit, you should follow the following steps. They will adequately prepare your case and ensure that you have the necessary evidence moving forward:
Go to the doctor for medical help to treat any burns or similar injuries
. If you don’t go to the doctor, your injuries may worsen and the insurance agent may doubt your claim. While at the doctor, hold on to your medical receipts, hospital receipts, doctor’s notes, prescriptions, and more.
If there were any eyewitnesses who saw the incident happen or who also were hurt
, they can also contribute to your case with their testimonies. Others may have been burned by microwaves in their own homes. You may be able to join a class action lawsuit if enough individuals are hurt due to the microwaves having faulty wiring.
Take photos of your injuries so that you can accurately show how damaged you were
Do not try to fix the microwave, bring it to the store to be fixed, return it, tamper with it in any way, or throw it away. If you try to ix the item, then you can be blamed for the damages. If you get rid of the microwave, you will not have your crucial piece of evidence needed for your claim. Simply unplug it and put it aside until the time comes to submit it as evidence.
Make copies of any receipts
you have showing that you bought the item, whether online or from a store. You can also print a copy of your bank statement or credit card statement. As long as you can prove that you are the owner of the microwave, you will be set up for success.
After gathering all of this evidence
, you should search for a product liability attorney who can sue Kenmore. You may not have any legal experience at all, and if you try to file a lawsuit by yourself, you may not win a dime. Insurance agents prefer to throw away claims or ignore people for long periods of time until they break and abandon the claim or simply accept a tiny offer. Our lawyers will be able to stay on top of the case while you tend to your injuries and focus on your life. It is wise to reach out to a firm with years of experience in product liability lawsuits.
Statute of Limitations to File a Product Liability Lawsuit
In California, the statute of limitations to file a product liability lawsuit
is 2 years from the date of the injury. If you fail to do so, you will be barred from pursuing any additional claims for your injuries in the future. The statute of limitations is set up so that you do not take too long and so that both parties have ample time to present and collect their evidence.
It is possible, though, for the statute of limitations to be extended beyond the 2 year deadline. If you were underage at the time of the incident, you could feasibly wait until you turn 18 years old to take legal action. Minors cannot legally sue unless a guardian or parent represents them, but it may be more prudent to wait. You could also sue later if you’re left incapacitated from the injury or if the defendant leaves, but these are rarer in product liability cases
Many claims fail to get filed because people do not realize there is a statute of limitations at play. They simply believe they have an unlimited time to take legal action. Often, victims will wait until an opportune moment, but will be turned away. To ensure that your case is filed on time, come to our law firm. We will abide by all deadlines and ensure that your case does not miss any important dates.
Kenmore Product Liability Lawsuit Compensation
Victims of injuries from defective or broken microwaves should be fairly compensated for their damages. We will do all we can to win you the maximum compensation available in the form of a settlement from the insurance agency or a verdict from the court. We will aim to win you the following:
- Medical bills from the past and future
- Lost income for time spent away from work in the past or future
- Property damage to replace any broken or lost items and belongings
- Pain and suffering damages to cover mental and emotional anguish and trauma
You should not be expected to pay for these debts out of your own pocket. Let our lawyers assist you so you can earn every penny you deserve.
Why Choose Us
The Downtown LA Law Group
is the premier firm for product liability claims. We have decades of combined experience under our belts and we know the best methods for success. Our lawyers are highly ranked and known for being aggressive towards insurance agencies. We will not give up until we are satisfied with the offer we are given, and if we have to go to court to win your claim, we are willing to do so.
Call (855) 339-8879
today to schedule a free legal consultation with a skilled lawyer. We will answer your questions and help you understand the legal process. If you wish to hire us, we’ll also give you our zero fee guarantee. This means that you will pay no money out of pocket for our services. We won’t get paid unless and until we win.
Contact the DTLA Law Group today to sue Kenmore for a defective Elite microwave