Verdicts & Settlements - Burn Injury Lawsuit
Bergen County Jury Holds Appliance Dealer Accountable for Unscrupulous Appliance Sale and Resulting 2nd Degree Burns, Awards $825,000 in Compensation Damages
A Bergen County jury held an appliance dealer accountable for improperly installing a microwave oven and cooktop in derogation of the manufacturer's installation requirements and the severe burn injuries that resulted.
Plaintiffs went to the defendant appliance store to replace their existing stove. Upon inquiring about a new stove, the salesperson also suggested they purchase a space saver microwave to go above the stove (something they did not ask for). The plaintiffs voiced their reluctance with the saleswoman that a microwave might not fit properly above a stove in their kitchen. The saleswoman reassured the plaintiffs that someone from the store would "come and check it" to make sure it would fit properly before completing the sale and installing the appliances.
Prior to completing the purchase, the owner of the store came to the plaintiff's home and measured the area to determine if the appliances suggested by the saleswoman would fit. He measured the available space, which was far short of the manufacturer's space requirements from the stove cooking surface to the bottom of the microwave. However upon completing the measurements, he told plaintiffs the appliances fit fine. The sale, which was contingent upon the appliances fitting properly, was then completed and the appliances were installed.
Approximately 9 months later plaintiff was at home preparing dinner for her family. Two of her children sat nearby. While scalding hot water sat in a pasta pot on the cooktop, plaintiff attempted to remove something from the microwave, which was mounted above the stove. The microwave was mounted too low, and the door to the microwave struck the lid on the pot of hot water, knocking the entire contents onto plaintiff and causing severe 2nd degree burns over 8% of her body and permanent scarring. Plaintiff was rushed to the Hackensack Medical Center via a Mobile Intensive Care Unit where she spent the next 4 days in the hospital's Burn Unit. She spent the better part of the next 8 weeks bedridden requiring daily nursing care.
Gerald Clark, Esq, tried the case for before a Bergen County jury over the course of a week. He proved that had plaintiffs been told the truth by the defendant- that the appliance did not fit and its installation violated the manufacturer's clearance requirements- they never would have went ahead with the microwave sale. They said their primary concern in replacing their existing stove was the safety of their children.
Clark got defendant to admit at trial that they knew the appliances were installed below the manufacturer's instructions but went ahead with the sale anyway. The jury was informed that the owner of the appliance store testified in his deposition that the most important thing in running his business is sales and that he has installed hundreds of these appliances below the manufacturer requirements. "Our legal system is critical to preserving our democratic society," Clark said, "Justice was served when this jury held the defendant accountable for its failure to follow basic installation instructions and further failing to tell the plaintiffs the truth. The defendant simply put profits over customer safety."
The jury ordered Allmake to pay $750,000 for plaintiff's pain, suffering, disability, impairment and loss of the enjoyment of life, $16,487 for medical expenses and $38,962 for lost income. Plaintiff was found 8% comparatively negligent. Mr. Clark served an offer of judgment prior to trial so in addition defendant would also have been liable for plaintiff's attorney fees and costs.
For more information or to speak with an experienced New Jersey burn injury attorney, contact Keefe Bartels & Clark LLC.
For more accident-injury lawsuit case information
visit our Verdicts & Lawsuit Settlement overview page
