PITTSBURGH – The mother of a two-year-old girl burned by an allegedly faulty Instant Pot pressure cooking device, is suing its manufacturer and retailer for damages resulting from the incident.
N.G. (a minor, and through Brittany Gonzalez, her parent and natural guardian) and Brittany Gonzalez of Philadelphia first filed suit in the U.S. District Court for the Western District of Pennsylvania on June 8 versus Instant Brands, Inc. of Kanata, Ontario, Canada and Target Corporation, of Minneapolis, Minn.
The suit explains that Instant Brands advises their customers that they should not be afraid of the device, it will not explode and there is no way to open the pressure cooker when it is activated – all claims that it says are false.
“On Aug. 18, 2020, Brittany Gonzalez purchased an Instant Pot, ‘Smart Wifi’ model, from the Target store at 600 Cahuvet Drive, Pittsburgh, Pennsylvania, 15275. More specifically, on Sept. 18, 2020, Brittany Gonzalez was making soup in the Instant Pot. After adding her desired ingredients, Brittany Gonzalez properly closed the lid and began the cooking process, setting the timer for 60 minutes,” the suit says.
“Once the cooking process was completed, Brittany Gonzalez saw an error message on the screen stating ‘burn.’ Consistent with her understanding of the functionality of the Instant Pot, Brittany Gonzalez released the pressure valve. After she believed the pot was no longer under pressure, she began to take off the lid.”
At that time, Brittany Gonzalez began to take off the lid, during which she used no alleged force, and “the lid came off with ease, the lid shot open with great force, spewing the scalding hot contents of the cooker into plaintiffs’ kitchen, making contact with minor plaintiff N.G., who was on a nearby chair.
“As soon as the scalding hot contents of the Instant Pot contacted minor plaintiff N.G., she screamed in pain. Brittany Gonzalez immediately noticed that her daughter had suffered serious burns and called 9-1-1. Minor plaintiff N.G. was taken to Mercy Hospital, where her burns were treated,” per the suit.
“As a direct and proximate result of defects in the Instant Pot, minor plaintiff N.G. sustained third-degree burns to her face, neck, chest, left shoulder, anterolateral left arm, and radial left forearm, requiring significant debridement and/or skin grafting.”
For counts of strict products liability, strict liability (failure to warn), negligence, negligent/reckless misrepresentation, breach of express warranty, breach of implied warranty of fitness for a particular purpose, breach of implied warranty of merchantability, violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law and negligent infliction of emotional distress, the plaintiffs are seeking, jointly and severally, compensatory and punitive damages, in a sum in excess of $75,000, exclusive of pre and post-judgment interest and costs.
The plaintiffs are represented by Benjamin O. Present of Kline & Specter, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-00754
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com