Product LiabilityPosted by hopefulClaimant644

Travelers, defending the pressure cooker manufacturer after the lid blew off mid-release and put my wife in an Ohio ER with second degree burns on her forearm and neck, offered us a $4,500 "customer goodwill payment" against $15,100 in documented medical bills, kitchen repairs, and lost wages, conditioned on shipping them the cooker "for quality review" and signing a full release within 14 days, then went silent for six weeks when we declined to hand over the only piece of evidence in the case. Forced a $31,000 settlement using the product injury recovery framework: evidence preservation and the spoliation letter, the CPSC report, the medical specials file, a demand package their committee could not discount, and a small claims filing that finally moved the file to a human. the complete 5-month playbook.

five months ago my wife was venting a pot of sunday chili the same way she had done a hundred times, following the manual, natural release finished, float valve down, and when she turned the lid the whole thing let go. the lid hit the range hood hard enough to dent it and six quarts of 200-degree chili went across her forearm, her neck, and our kitchen. i was in the next room and i will skip what those first ten minutes were like except to say that the ER doctor used the phrase "textbook scald pattern" and the words second degree more times than i wanted to hear. she has healed, mostly, the scar on her forearm is fading, and this post exists because the money side of a defective product injury turned out to be its own education, one that nobody hands you in the discharge paperwork. final tally: $15,100 in hard documented losses, a first offer of $4,500 with strings that would have killed the claim, and a $31,000 settlement five months later. here is the whole playbook.

the education first, because on day one i did not even know who to call. when a defective product hurts you, the claim is not against your own insurance, it is a liability claim against the manufacturer, and the legal theory in most states including ohio is strict liability: you do not have to prove the company was careless, you have to prove the product was defective and the defect caused the injury. the manufacturer carries product liability insurance for exactly this, and the moment you report the incident through their customer service line, a file gets opened with their carrier or a third party administrator, in our case Travelers. and here is the structural thing to understand about that file: it is scored on two inputs, the strength of your evidence and the credibility of your damages documentation, and everything the claims side does in the first month is designed to test whether you understand that. the "goodwill payment" is the opening test.

the anatomy of the $4,500 offer, which arrived by email three weeks after we reported the burn to the manufacturer: it was labeled a customer goodwill payment, not a settlement, which is a distinction without a difference because the attached document was a general release of all claims. it required a response within 14 days, a deadline that exists nowhere in law and everywhere in claims psychology. and the quiet centerpiece: we were to ship the cooker back to the manufacturer "for quality review," prepaid label helpfully included. i want to be very clear about what that request is, because it is dressed as a safety procedure: the cooker is the case. it is the only physical evidence that the lid lock failed while the pot held pressure. hand it over and the defect analysis happens in their lab, under their protocol, with their conclusions, and your leverage rides away in their prepaid box. we declined in writing, and the file went silent for six weeks, which i now understand is also a test, the one where they wait to see if you go away.

weeks 1 through 3, evidence preservation, the part we accidentally did right and the part i would do first on purpose: the cooker went into a plastic bin in the garage, untouched, unwashed, lid in the position it landed in. photos of everything before we moved a single item, the burns (daily, dated, same lighting, i know it feels morbid, do it anyway), the kitchen, the dented hood, the lid, the sealing ring, the serial number plate. the pot of chili, ridiculous as it sounds, photographed where it landed, because the splash pattern corroborates the pressure release. then the two documents that converted our garage bin into legal evidence: a spoliation letter to the manufacturer, certified mail, stating that we possessed the product, that it was evidence in an anticipated claim, that we would preserve it, and that we expected them to preserve everything on their side, complaint records, test data, design change history, prior incident files, for this model. and a report to the CPSC at saferproducts.gov, which took twenty minutes, creates a federal record of the incident that the manufacturer is obligated to respond to, and, i learned later, surfaced four prior reports for the same model with the same lid behavior. those four reports changed the entire complexion of the claim.

weeks 2 through 10, the specials file, which is the unglamorous spine of every injury claim: medical specials means the countable money, and mine was a spreadsheet with a receipts folder behind it. ER visit and follow-ups $9,200 billed. prescriptions and dressing supplies $340, and yes you keep the pharmacy receipts for gauze. mileage to the wound clinic at the IRS rate, small number, claim it anyway, the discipline signals the file is real. her lost wages, $2,100 for the shifts she missed, documented by a one-paragraph letter from her employer on letterhead. kitchen repairs $3,800, two written estimates for the hood and the scalded cabinet faces. total hard specials $15,100. the thing nobody tells you: general damages, the pain and suffering component, gets negotiated as a multiple of specials that scales with how well the specials are documented and how scary the injury photos are, which means every receipt in the folder is doing double duty. a claim with $15,100 in clean documented specials and a daily photo log of second degree burns does not settle at $4,500, and both sides know it, the question is whether the claimant knows it.

weeks 11 through 16, the demand package and the escalation: one PDF, organized like a filing because the person who reads it forwards it to people who decide reserves. section one, liability: the incident narrative, the manual pages showing correct use, the photos, the CPSC report number, and the four prior incident reports for the same model, printed. section two, damages: the specials spreadsheet, every receipt, the photo log, a half page in my wife's own words about sleeping in a burn dressing for three weeks. section three, the demand: $38,000, with a sentence i borrowed from this community, that we were prepared to have the product independently examined and to proceed to litigation where the manufacturer's own complaint history would be discoverable. the response to silence was not more email: at week 14 i filed a small claims complaint against the manufacturer for the ohio limit, which cost $89, required no lawyer, and did the one thing no letter can do, it created a court date. a filed complaint moves a file from the goodwill queue to a litigation adjuster, and the litigation adjuster called me nine days later, made an actual offer of $19,500, and we closed at $31,000 two weeks after that, release reviewed, cooker surrendered only AT settlement, as a term of it, not before.

the takeaways, numbered, in the tradition of this community:

(1) the product is the case. do not return it, do not clean it, do not let anyone "inspect" it out of your possession. it leaves your custody at settlement, as a negotiated term, or never.

(2) send the spoliation letter in week one, certified mail. it costs a stamp, it preserves their records and your credibility, and it is the single clearest signal that this file will not close for goodwill money.

(3) file the CPSC report at saferproducts.gov. it is free, it is federal, the manufacturer must respond to it, and the prior incident reports you find for your model are leverage you cannot buy.

(4) photograph the injury daily, dated, consistent lighting. burns heal, and healed is what their file photographer would capture. the photo log is the difference between an injury and a story about an injury.

(5) build the specials spreadsheet from day one, every bill, every receipt, mileage, wages, repairs, with documents behind every line. general damages are priced off the specials, so every receipt is worth a multiple of its face value.

(6) a goodwill payment with a general release attached is a settlement offer wearing a name tag. the 14-day deadline is theater. respond in writing, on your timeline, or decline and keep building.

(7) silence is a strategy, not an answer. the counter is a filed complaint. small claims costs less than a hundred dollars in most states, requires no attorney, and converts you from an email address into a court date.

(8) know when to hand it off: my injury healed clean and the specials were under $20k, so self-representation made sense. scarring on a face, surgery, nerve damage, anything with future medical costs, that is a contingency attorney case from week one, and the fee buys expert witnesses and a settlement bracket you cannot reach alone.

the new pressure cooker in our kitchen is a different brand with a lid interlock you could not defeat with a crowbar, and my wife makes the chili on the stovetop now anyway. five months, $26,500 recovered above the goodwill number, $89 in filing fees spent. ask me anything about the spoliation letter, the CPSC report, the specials file, or the small claims escalation. this community taught me half of it in the water damage and total loss threads, so here is the product liability chapter, written down and paid forward.

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Travelers, defending the pressure cooker manufacturer after the lid blew off mid-release and put my wife in an Ohio ER with second degree burns on her forearm and neck, offered us a $4,500 "customer goodwill payment" against $15,100 in documented medical bills, kitchen repairs, and lost wages, conditioned on shipping them the cooker "for quality review" and signing a full release within 14 days, then went silent for six weeks when we declined to hand over the only piece of evidence in the case. Forced a $31,000 settlement using the product injury recovery framework: evidence preservation and the spoliation letter, the CPSC report, the medical specials file, a demand package their committee could not discount, and a small claims filing that finally moved the file to a human. the complete 5-month playbook. | ClaimCave