Legal Question in Product Liability in Indiana

product Liability

My mother -in-law was killed when her pressure cooker exploded(the top blew off striking her in chest) causing her death by blunt force trauma. When the haz-mat people cleaned up all of the blood from the accident they could not find the pressure relief from the top of the pressure cooker. I requestede that they keep all parts to the cooker they found but evidently they discarded the gasket to the cooker.

do we have a case for product liability. The stove the cooker was on was severly damaged do we need to retain the stove or any other thing to help our case? I have the top of the cooker and the 12 quart bottom of the cooker.


Asked on 8/13/08, 7:24 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: product Liability

Unless this product has a poor history, without the relief valve I do not see how you can prove a defect.

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Answered on 8/13/08, 7:58 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: product Liability

You should keep everything until an attorney can evaluate the case. The loss of the gasket can hurt the case but it may not be fatal. It all depends on the facts.

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Answered on 8/13/08, 9:32 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: product Liability

Please accept my condolences for the loss of your mother in law. You should keep everything that you can.

Every case is fact specific and therefore the fact that the pressure relief can not be found does not necessarily make it impossible to pursue a case. This model may have had a history of other people suffering injury the same way. It is possible that the relief was desinged defectively and therefore a substitute identical part could be used.

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Answered on 8/14/08, 1:15 am


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