PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I CASE STUDY: Casino Patron Ingested Dangerous Chemical while Drinking from what she thought was a Water Bottle sustaining Chemical Burns to her Esophagus – Verdict For Plaintiff: $3,254,308.

PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I CASE STUDY: Casino Patron Ingested Dangerous Chemical while Drinking from what she thought was a Water Bottle sustaining Chemical Burns to her Esophagus – Verdict For Plaintiff: $3,254,308.

October 09, 2020

Case Study: Chemical Burn From Cleaning Products – Verdict For Plaintiff: $3,254,308

In 2007, Ms. Julia Ellis, a patron at Harvey’s Lake Tahoe Hotel and Casino, ordered a bottle of water and was given a bottle marked “Harrah’s Purified Drinking Water”.  The bottle contained a cleaning substance that was odorless and colorless.  Ms. Ellis drank the liquid and sustained internal chemical burns to her organs, specifically her esophagus.  The sustained chemical burns resulted in permanent injuries, limiting Ms. Ellis diet to soft and pureed foods and she was diagnosed with post-traumatic stress disorder.

• Title:  JULIA ELLIS VS. HARRAH’S ENTERTAINMENT, INC., A CORPORATION et al; Cause of Action: PERSONAL INJURY/PROPERTY DAMAGE – NON-VEHICLE RELATED (The Superior Court of California, County of San Francisco: Case Number: CGC09492882)

Chemical burns, also known as caustic burns, are injuries to the skin, mouth, eyes (external burns) or organs (internal burns).  These chemical burns are most often caused by either strong acids or strong bases generally found in bleach, cleaning products, concrete mix, metal cleaners, ammonia, car battery accident and whitening products.

In personal injury claims, chemical burns often appear as sustained injuries and damages in a personal injury actions.  Most commonly these burn damages are found when premises liability, negligence and/or product liability are the alleged cause of action.

In the aforementioned case, the bottle handed to the plaintiff, Ms. Ellis, was incorrectly marked and failed to identify itself as a chemical product.  Given that the bottle lacked adequate warnings and failed to put consumers on notice as to what the bottle actually contained, chemical cleaning products, the defense submitted on liability.

In addition to the typical causes of action for negligence, premises liability, and product liability, this bottle was also intentionally misrepresented to be “purified drinking water”.  The intentional misrepresentation and deceit, gives rise to causes of action for fraud, intentional misrepresentation and other intentional torts which accompany a demand for punitive damages.

For more articles discussing product liability please see the links below:

• PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Oil Lamp From Target Came With Wrong Instructions – Products Liability – Failure To Warn – Negligence – VERDICT: $195,628.00: http://dianalegal.com/personal-injury-i-product-liability-california-product-liability-law-oil-lamp-from-target-came-with-wrong-instructions-products-liability-failure-to-warn-negligence-verdict/
• PERSONAL INJURY I PRODUCT LIABILITY I CASE STUDY: AMAZON LIABILITY FOR DEFECTIVE PRODUCTS – PRECEDENT RULINGS HOLDS AMAZON LIABLE FOR PRODUCT LIABILITY CLAIMS JUST LIKE ANY OTHER DISTRIBUTORS AND SELLERS: http://dianalegal.com/personal-injury-i-product-liability-i-case-study-amazon-liability-for-defective-products-precedent-rulings-holds-amazon-liable-for-product-liability-claims-just-like-any-other-distributors/
• PRODUCT LIABILITY: TAKATA AIRBAG RECALL: http://dianalegal.com/product-liability-takata-airbag-recall/
• PRODUCT LIABILITY: DEFECTIVE CO2 WINE OPENERS: http://dianalegal.com/product-liability-defective-co2-wine-openers/

There are two types of product liability claims.  The distinction between strict product liability claims versus negligent product liability claims are discussed in the articles linked below:

• PERSONAL INJURY I PRODUCT LIABILITY: PRODUCT LIABILITY – STRICT LIABILITY (MANUFACTURING DEFECT, DESIGN DEFECT, FAILURE TO WARN) AND NEGLIGENCE: http://dianalegal.com/personal-injury-i-product-liability-product-liability-strict-liability-manufacturing-defect-design-defect-failure-to-warn-and-negligence/

Additional articles discussing compensatory damages in personal injury actions, including negligence, premises liability and product liability cases are linked below:

• PERSONAL INJURY / DAMAGES – Compensatory Damages For Personal Injuries: http://dianalegal.com/personal-injury-damages-compensatory-damages-for-personal-injuries/
• PERSONAL INJURY – Personal Injury Damages – Compensatory Damages: http://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/

To better understand what types of fraud damages are recoverable, including punitive damages links are included below: 

• What are Compensatory Damages? http://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/

• Compensatory Damages in a Personal Injury Action: http://dianalegal.com/personal-injury-damages-compensatory-damages-for-personal-injuries/
• What Are Punitive Damages? http://dianalegal.com/fraud-i-damages-i-civil-litigation-what-are-punitive-damages/
• A discussion on the differences between punitive damages and compensatory damages: http://dianalegal.com/fraud-i-damages-i-civil-litigation-punitive-damages-vs-compensatory-damages/

Our other articles discussing chemical burn cases are linked below:

• EXCLUSIVE: WOMAN SUES GARDEN GROVE SALON FOR ALLEGEDLY CAUSING HER HAIR TO FALL OUT:  chemical burns from hair bleach, hair salon chemical burn: http://dianalegal.com/EXCLUSIVE-WOMAN-SUES-GARDEN-GROVE-SALON-FOR-ALLEGEDLY-CAUSING-HER-HAIR-TO-FALL-OUT/

For additional articles discussing fraud:

• CALIFORNIA INSURANCE BAD FAITH I FRAUD I CIVIL LITIGATION – When Does Insurance Fraud And Insurance Bad-Faith Overlap?: http://dianalegal.com/california-insurance-bad-faith-i-fraud-i-civil-litigation-when-does-insurance-fraud-and-insurance-bad-faith-overlap/
• CALIFORNIA INSURANCE BAD FAITH I CIVIL LITIGATION – Do I Have A Bad Faith Insurance Claim?http://dianalegal.com/california-insurance-bad-faith-i-civil-litigation-do-i-have-a-bad-faith-insurance-claim/
• CALIFORNIA INSURANCE BAD FAITH I PERSONAL INJURY I CIVIL LITIGATION – INSURANCE BAD FAITH http://dianalegal.com/CALIFORNIA-INSURANCE-BAD-FAITH-I-PERSONAL-INJURY-I-CIVIL-LITIGATION-INSURANCE-BAD-FAITH/
• “What is Insurance Bad Faith”, “What is a Bad Faith Insurance Claim”, “Common Conduct that Gives Rise to an Insurance Bad Faith Claim” and “What Damages are available in Insurance Bad Faith claims” are linked herein: CALIFORNIA INSURANCE BAD FAITH I PERSONAL INJURY I CIVIL LITIGATION – What Is A Bad Faith Insurance Claim?http://dianalegal.com/california-insurance-bad-faith-i-personal-injury-i-civil-litigation-what-is-a-bad-faith-insurance-claim/
• CALIFORNIA INSURANCE BAD FAITH I PERSONAL INJURY I VERDICT & SETTLEMENTS – $2,006,000 Insurance Bad Faith: Unreasonable Failure to Disclose Policy Limits, Failure to Make Prompt & Fair Settlement: http://dianalegal.com/california-insurance-bad-faith-i-personal-injury-i-verdict-settlements-2006000-insurance-bad-faith-unreasonable-failure-to-disclose-policy-limits-failure-to-make-prompt-fair-settlem/

• FRAUD – What Constitutes Fraud In California? What Does A Cause Of Action For Fraud By Intentional Misrepresentation In California Mean? http://dianalegal.com/fraud-what-constitutes-fraud-in-california-what-does-a-cause-of-action-for-fraud-by-intentional-misrepresentation-in-california-mean/
• FRAUD – WHAT CONSTITUTES FRAUD IN CALIFORNIA? WHAT DOES A CAUSE OF ACTION FOR FRAUD BY FALSE PROMISE IN CALIFORNIA MEAN?: http://dianalegal.com/FRAUD-WHAT-CONSTITUTES-FRAUD-IN-CALIFORNIA-WHAT-DOES-A-CAUSE-OF-ACTION-FOR-FRAUD-BY-FALSE-PROMISE-IN-CALIFORNIA-MEAN/
• FRAUD VIA FALSE PROMISE OR PROMISSORY FRAUD: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-fraud-via-false-promise-or-promissory-fraud/
• INTENTIONAL FRAUD AND DECEIT is embedded herein: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-intentional-fraud-and-deceit/
• CONVERSION OR BREACH OF FIDUCIARY DUTY http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-conversion-or-breach-of-fiduciary-duty/
• FRAUDULENT CONCEALMENT OR CONCEALMENT FRAUD: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-fraudulent-concealment-or-concealment-fraud/
• FRAUD – What Constitutes Fraud In California? What Does A Cause Of Action For Fraud By Concealment In California Mean? http://dianalegal.com/fraud-what-constitutes-fraud-in-california-what-does-a-cause-of-action-for-fraud-by-concealment-in-california-mean/
• FRAUD – Legal Liability For Fraud – Civil Tort For Conversion Or Breach Of Fiduciary Duty: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-conversion-or-breach-of-fiduciary-duty/
• CONSTRUCTIVE FRAUD OR NEGLIGENT MISREPRESENTATION is embedded herein: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-constructive-fraud-or-negligent-misrepresentation/

If you or someone you know has been injured by a defective product or sustained a chemical burn from a product, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced product liability attorneys and California chemical burn lawyers.