Products Liability Law Reporter

Robert Cohen, a member of the Jewish community, purchased an electric ProChef Model No. SM300 stainless steel hot water urn, which was designed to heat large quantities of water for use during the Jewish Sabbath and religious holidays. It contained a feature called a Shabbosstat, which allows water to remain piping hot for extended periods. While in use, the urn tipped over and its contents scalded Cohen’s 5-year-old daughter, Hannah. She was airlifted to a hospital burn unit, where she was treated for significant burns to her upper back and right arm. She required skin grafting and painful stretching of the burn site twice a week. Hannah, who may require reconstructive surgery into her adult years, incurred more than $67,100 in medical expenses.

Cohen and his wife, individually and on Hannah’s behalf, sued Appliatech, Inc., which manufactured the hot water urn, alleging strict liability defective design and manufacturing defect, failure to warn, breach of warranty, and negligent infliction of emotional distress. Among other things, the plaintiffs argued that although the defendant had received repeated reports of children suffering catastrophic burn injuries, it failed to address the dangers posed by the urn. The plaintiffs asserted that the electric cord attached to the urn was too short, which made the urn unstable. Additionally, the plaintiffs claimed, the product lacked warnings advising consumers that the unit’s design—including its high center of gravity—made it susceptible to tipping and spilling.

The parties reached a settlement for $500,000.

Citation: Cohen v. Appliatech, Inc., No. OCN-L-000775-19 (N.J. Super. Ct. Ocean Cty. Dec. 21, 2021).

Plaintiff counsel: AAJ members Joseph L. Messa and Thomas N. Sweeney, both of Philadelphia.