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Palm Beach County, Florida Products Liability Lawsuit Filed Over Recalled Napa Home & Garden Fuel Gel Blamed for Woman’s Severe Burns

A Palm Beach Shores couple has filed a Florida products liability lawsuit over burn injuries that they sustained because the Pourable NAPAfire and FIREGEL Gel Fuel they used in their firepots erupted into flames. On June 3 Jacqueline Delgado became engulfed in flames and she had to be admitted to Jackson Memorial Hospital’s ICU. Her husband Renee also sustained burn injuries. Two weeks after the Palm Beach County burn accident, the Consumer Product Safety Commission announced that Napa Home & Garden was recalling about 460,000 jugs and bottles of the gel fuel, which is used for firepots and other decorative lighting items. The recall comes following reports of 37 incidents, including 23 burn accidents caused by the gel fuel lighting unexpectedly while being poured into still burning firepots and spraying onto people and their clothing. Unfortunately, because Napa Home & Garden, which is facing dozens of burn injury lawsuits, has since filed for Chapter 11 bankruptcy, obtaining Palm Beach Shores personal injury recovery from the distributor is proving challenging. The Delgados, however, have decided to sue Fuel Barons and Losorea Packaging Co., which packaged the product, TJX Companies, which runs the Marshall’s Home Goods store where Jacqueline purchased the firepots, and Manhattan’s Pharmacy where she bought the fuel. Florida Products Liability There are three kinds of defects that manufacturers, suppliers, and distributors can be held liable for: • Design defects • Manufacturing defects • Marketing defects With products liability, the defendant doesn’t have to have acted carelessly to be held liable. If the product is defective—even if the supplier or manufacturer exercised extreme care—he/she can be still be held responsible for Florida personal injury or wrongful death. A person can file a products liability claim on the grounds of negligent, strict liability, or breach of warranty. Burn Injuries Burn injuries can be extremely painful and disfiguring and very costly to treat. In addition to emergency room care, the victim may have to undergo multiple surgeries, spend time in a burn unit, undergo skin grafts, and cope with other painful procedures. Going to work, earning income, and living a normal life may prove impossible. This can take a toll on the burn victim and those that rely on him/her for financial support, companionship, and emotional support. Burn injuries from defective products don’t even have to be fire-related. For example, certain dangerous household chemical products can cause burn injuries. Water heaters that make the water too hot can cause scald burns. Malfunctioning electrical products can cause electrical burns. There is no reason why you should have to take on the entire financial burden resulting from getting seriously hurt in an accident that wasn’t your fault. Napa Home and Garden files Chapter 11, Garden Center Magazine, July 11, 2011 Related Web Resources: Palm Beach Injury Lawsuit Sues Shell Oil and Circle K for Man’s Burn Injuries from Gas Station Fire, Florida Injury Attorney Blog, July 20, 2010 Florida Mother Who Pulled Children from Burning School Bus Files Truck Accident Lawsuit, Florida Injury Attorney Blog, November 10, 2008 Family Files Ft. Lauderdale, Florida Wrongful Death Lawsuits After 4-Year-Old Boy and 62-Year-Old Grandmother are Killed in Hyperbaric Oxygen Chamber Fire, Florida Injury Attorney Blog, July 7, 2009

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