ALLENTOWN – A Berks County plaintiff alleges she was severely burned by a home heating pad, and has brought legal action against the manufacturer of the device for damages to compensate for the injuries she suffered.
Zoraida Muniz-Escobar of Reading filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Dec. 22 versus Sunbeam Products, Inc., of Boca Raton, Fla.
“On or about April 14, 2020, plaintiff, Zoraida Muniz-Escobar, was using the aforesaid Sunbeam electronic Health at Home Heating Pad in an ordinary and reasonable fashion and on a low setting when, after 15 minutes of use, the subject product unexpectedly reached a dangerously high temperature, thereby causing the plaintiff to suffer severe burn injuries,” the suit states.
“The subject product was designed, manufactured, apparently manufactured, developed, assembled, tested, inspected, promoted, marketed, licensed, distributed and/or sold by the defendant. Prior to the time of plaintiff’s accident, plaintiff purchased the subject product new and the subject product was in the same condition at the time of plaintiff’s accident as it was when it left defendant’s facilities, undergoing no subsequent alterations or modifications.”
The plaintiff says the defendant’s trademarks label the device and as such, the defendant could reasonably expect users to purchase the device in reliance upon the reputation associated with the manufacturer’s name.
“As a result of the aforementioned conduct of the defendant, plaintiff has suffered severe and permanent injuries, including but not limited to, significant burn injuries to her low back/buttocks resulting in blisters and requiring wound care, scarring, and hip pain, as well as aches, pains, mental anxiety and anguish, and a severe shock to her entire nervous system,” per the suit.
“As a further result of the accident described herein, plaintiff has or may have suffered injuries resulting in the serious and/or permanent loss of use of a bodily function, dismemberment and/or scarring, which may be in full or part cosmetic disfigurements which are or may be permanent, irreparable and severe.”
For counts of strict product liability, negligence product liability and breach of warranty, the plaintiff is seeking damages not in excess of $150,000.
The plaintiff is represented by Brandon A. Swartz and Bryan Michael Ferris of Swartz Culleton, in Newtown.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:20-cv-06430
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com