Greedy Trial Lawyer
A Corporation Would Allow You To Burn In Your Bed
Category: The Latest Baddest
The defective Sunbeam electric blanket can ignite into flames. Sunbeam learns of the hazard to sleeping consumers, but does not launch a voluntary recall. Why? It was cheaper to pay any resulting claims. Could any corporation really be this bad?
Yes, according to a recent article. A lawsuit claiming that a defective electric blanket was to blame for a 2003 fire that injured a disabled man and severely damaged his home is expected to go to trial in January.
Joel Berteleson is suing Sunbeam Products Inc., alleging that the company's electric blanket was defective causing a fire at Big Foot Ranch II where the fire occurred Oct 14, 2003.
The lawsuit alleges that Sunbeam Corp. sold the electric blanket knowing it was defective and failed to issue a recall. The technology used in the electric blanket was developed in the 1970s and was known to cause "arcing, burning and a fire."
Despite the knowledge of Sunbeam's engineers, the lawsuit said the company continued to sell its heated bedding products placing users at risk for electrical fires.
According to the suit, "On September 20, 1983, Dr. William Rowe Jr, a Sunbeam electrical design engineer, warned in a confidential internal company memorandum that the triode-based safety circuit was not sufficiently reliable and that the company could expect to see 500 fires per year and, in response to that warning, was chided by his superior for making that projection in writing and was later told it was cheaper to pay claims than fix the product." [What an enlightened approach to product safety!]
To back up their claim, plaintiffs cited jury awards against Sunbeam in Oregon and California as well as an April 1999 report on the ABC news program "20/20," related to fires allegedly caused by its electric blankets.
In addition, the lawsuit alleges that Sunbeam fraudulently applied the "UL" Underwriters Laboratory tag to its blanket, knowing the product didn't meet UL safety standards.
The lawsuit also alleges that under pressure from the Consumer Products Safety Commission, Sunbeam in May 2000 introduced a new safety circuit in its bedding products that corrected the problem. The suit goes on to say that it was "technologically and commercially feasible" to correct the problem 10 years before.
At the same time, "Sunbeam has refused to make any effort to follow through on its commitment and undertaking to the CPSC to recall" the defective blankets "or enter into any other corrective action plan to warn owners of the dangers or remedy the risk… ."
In its response, Sunbeam denied that the fire "was caused by any 'apparently malfunctioning electrically heated blanket' manufactured or distributed by this defendant."
At the same time, however, Sunbeam, in its 15-page response filed in May, admitted "that PTC wire can burn" but that "Sunbeam uses all due diligence in the design and manufacture of PTC wire used in its electric bedding products."
The company also admitted that claims have been filed against it alleging that its electric blankets "caught fire, or smoldered from various sources."
Sunbeam also argued that the CPSC never issued a recall of its blankets and that the blanket met all UL standards at the time it was manufactured.
The lawsuit seeks compensatory and punitive and exemplary damages against Sunbeam and treble damages and attorneys' fees, plus interest.
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