Products Liability Law Reporter

Matthew Burns leased a Shot Blaster, a machine that shoots fine metal beads at a floor surface to remove, clean, and refinish the floor, from Sunbelt Rentals, Inc. While using the Shot Blaster, which was powered by a combustion engine, Burns died from carbon monoxide poisoning. He is survived by his wife and their minor twins.

Burns’s wife, on behalf of his estate, sued Sunbelt Rentals, among others, alleging negligent failure to warn and strict liability. The plaintiff asserted that the defendant should have warned of the risk of carbon monoxide poisoning while operating the Shot Blaster indoors or in a partially enclosed environment and failed to train Burns on the safe use of the machine.

Additionally, the plaintiff claimed the defendant failed to provide the proper safety equipment to Burns when he rented the Shot Blaster. According to the manufacturer’s instructions and the warnings in the machine’s manual, the plaintiff argued, the defendant should have warned Burns to use a portable carbon monoxide monitor to operate the machine safely.

The jury awarded more than $13.09 million, finding the plaintiff 32% at fault.

Citation: Burns v. Sunbelt Rentals, Inc., No. 2020-018605-CA-01 (Fla. Cir. Ct. Miami-Dade Cnty. July 19, 2023).

Plaintiff counsel: AAJ members Pedro P. Echarte and Todd Michaels, and Ernesto Santos, all of Coral Gables, Fla.