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.
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:
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:
Additional articles discussing compensatory damages in personal injury actions, including negligence, premises liability and product liability cases are linked below:
To better understand what types of fraud damages are recoverable, including punitive damages links are included below:
Our other articles discussing chemical burn cases are linked below:
For additional articles discussing fraud:
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.