Products Liability Law Reporter

Doe, a 49-year-old HVAC and refrigeration technician, was repairing an under-the-counter refrigeration unit located a few feet from a gas-powered deep fryer in a commercial kitchen. When he determined that the refrigerator was not working because its coils were covered in cooking grease, he sprayed them liberally with an aerosol cleaning product. A fireball exploded, causing Doe’s clothing to catch fire. He suffered second- and third-degree burns to his face and arms, necessitating skin grafting and debridements. He had been earning $53,000 annually but has not returned to work as an HVAC technician. Doe, who was hospitalized for two months, incurred medical expenses of approximately $350,000.

Doe sued the manufacturer and distributor of the cleaning product, alleging negligence, failure to warn, breach of the implied warranty of merchantability, and defective design. Suit alleged failure to warn that the product was flammable under any condition and should not be used in the vicinity of open flames. The plaintiff’s product labeling and safety expert opined that the cleaner’s label was inadequate and unreasonably failed to warn of its dangerousness.

Suit also named the owner and operator of the commercial kitchen, claiming that this defendant had failed to post warnings regarding the use of aerosols near the deep fryer.

The defense argued that Doe had been contributorily negligent in that spraying an aerosol in a commercial kitchen is a known hazard.

The parties settled for $2.5 million.

Citation: Doe v. Roe Mfr., Confidential Dkt. No. (N.C. Super. Ct. Wake Cty. Feb. 16, 2022).

Plaintiff counsel: Justin Osborn and Matthew Gambale, both of Raleigh, N.C.

Plaintiff experts: James Shearer, plastic surgery, Charlotte, N.C.; and Ann Neulicht, life care planning, Raleigh.