Permanent scarring from baking dish

Hi, I recently purchased a set of the new pyrex easy grab baking dishes. I was
using one of them when I went to take it out of the oven it blew up. I cut my
left arm and hand because glass got into my oven mitt. I have written the company
several times but I never get any response. I checked the consumer information on
line and there are over 1900 complaints about these dishes blowing up. I don’t
believe that they should be able to sell something that is dangerous like that. I
was cut and now have a scar and it’s not a small one but it could have been
worse. They need to remove these items from the store shelves. What if anything
can I do to get them to stop selling dangerous items. I can’t even get them to
send a reply to the pictures of my cut and scar. No response at all. Any
information is greatly appreciated.
Thank you Rebecca Dufford Apalachin, NY 13732 email

Asked on June 2, 2016 under Personal Injury, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are unable to obtain the company's insurance information which appears to be the case, then your only recourse is to sue the company for both negligence and strict liability.
Negligence is the failure to exercise due care to produce a product that is not defective.  Strict liability is liability whether or not due care was exercised.
Your lawsuit should name the manufacturer and the seller (store where the item was purchased) as defendants.  The seller (store) is liable even if it could not have known the product was defective.
Prior to filing the lawsuit, you should obtain your medical bills, medical reports, and if applicable, documentation of wage loss upon completion of your medical treatment.
Compensation for the medical bills is straight reimbursement.  The medical reports and photos will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement. 
If the case is NOT settled with both the manufacturer and seller, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.
If the case is settled with one, but not both parties, only name the party with whom the case has not settled as a defendant in your lawsuit.

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