By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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We represent people burned by appliances, batteries and other consumer goods in California, Texas and Washington. If you first want background on burn degrees and treatment, our burn injury lawyer page covers it.
Products that burn people: two federal records
Pressure cookers whose lids can open during use
On Aug. 10, 2023, the U.S. Consumer Product Safety Commission announced a recall of about 860,000 Bella, Bella Pro Series, Crux and Cooks electric and stovetop pressure cookers imported by Sensio Inc. (CPSC recall 23-256). The CPSC said the lid could unlock and be removed during use, letting hot contents splash out. Sensio had received 63 incident reports, including 61 burn injuries, some of them second- and third-degree burns. The remedy offered was a refund.
That pattern is typical of a scalding product case: a safety feature (here, the lid lock) that is supposed to make it impossible to open the cooker while it is pressurized. Whether the failure was in the design or in how certain units were made decides which legal theory fits.
Lithium-ion batteries in e-bikes, scooters and hoverboards
In September 2024 the CPSC published a report on micromobility deaths and injuries from 2017 through 2023 (CPSC micromobility report). It tied 40 deaths to lithium-ion battery fires:
| Product | Deaths tied to battery fires, 2017-2023 | Fatal fire incidents |
|---|---|---|
| E-scooters | 15 | 11 |
| E-bikes | 14 | 8 |
| Hoverboards | 11 | 5 |
| Total | 40 | 24 |
The CPSC noted that 2022 and 2023 counts are provisional because reporting continues. Among the incidents its staff investigated in depth, fire was the most common hazard for hoverboards, at 167 of 191 reports.
Other products that can lead to burn claims include space heaters, hair tools, phone and laptop batteries, gas grills and propane fittings, water heaters and children’s products. Vehicle fuel and battery fires have their own rules, covered on our vehicle fire burn page.
The three kinds of product defect
- Design defect. Every unit is made as intended, but the design itself is unsafe, such as a lid lock that can be defeated by normal pressure or a battery pack without protection against overheating.
- Manufacturing defect. The design is sound, but a unit or batch came off the line wrong: a contaminated battery cell, a weak weld, a missing part.
- Warning defect. The product carried a risk the maker did not explain well enough, or the instructions left out how to use it safely.
Washington’s Product Liability Act names these categories and makes a manufacturer liable when the product was not reasonably safe as designed, lacked adequate warnings or instructions, or was not reasonably safe in construction (RCW 7.72.030). Design and warning claims are judged under a negligence standard that weighs the likelihood and seriousness of the harm against the burden of a safer, feasible design. A construction defect, where the unit deviated from the maker’s own specifications, carries strict liability.
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Product liability rules by state
| California | Texas | Washington | |
|---|---|---|---|
| Basic rule | A manufacturer is strictly liable when a product it puts on the market has a defect that injures someone (Greenman v. Yuba Power Products) | For a design defect, the injured person must prove a safer alternative design existed and was a producing cause (CPRC 82.005) | Washington Product Liability Act (RCW 7.72.030) |
| Deadline to sue | 2 years (CCP 335.1) | 2 years (CPRC 16.003) | 3 years from when the claimant discovered or should have discovered the harm and its cause (RCW 7.72.060(3)) |
| Age of the product | Product claims follow the 2-year deadline (CCP 335.1) | Generally 15 years from the sale, with exceptions (CPRC 16.012) | Harm more than 12 years after delivery is presumed to fall after the useful safe life (RCW 7.72.060) |
| Punitive damages | Clear and convincing proof of malice, oppression or fraud (Civ. Code 3294) | Clear and convincing proof of fraud, malice or gross negligence (CPRC 41.003) | Generally not available without a statute (Dailey v. North Coast Life) |
Texas adds one more rule: if a maker shows that its design or labeling complied with an applicable mandatory federal safety standard, it gets a rebuttable presumption that it is not liable, which the injured person can overcome by showing the standard was inadequate or that the maker withheld or misrepresented information to the federal agency (CPRC 82.008). Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. When the person burned is a child, the deadline is generally paused until age 18 in California (CCP 352), Texas (CPRC 16.001) and Washington (RCW 4.16.190). Ask us how the product age limits interact with a child’s claim.
Who can be named in a product burn case
The manufacturer is the main defendant, but a product case often includes the maker of a component (a battery cell or charger inside a scooter, a valve inside a heater), the importer or brand owner when the factory is overseas, and the retailer or online seller. Imported products are where this matters most. In the pressure cooker recall above, the CPSC identified a New York importer for cookers made in China. Finding a defendant with a U.S. presence and insurance is part of the early work.
What to keep after a product burn
- Keep the product, every piece of it, and do not try to repair or test it.
- Keep the charger, cords, batteries, packaging, manual and receipt or order confirmation.
- Do not send the product to the manufacturer or its insurer, even if they offer a refund or replacement. Once it leaves your hands, you may lose the strongest evidence.
- Photograph the product, the scene and your injuries over time.
- Look up the product on SaferProducts.gov, the CPSC’s public database of complaints, and check for recalls. Vehicle and car seat recalls are on NHTSA’s recall site.
- Write down when and where you bought it, and how you were using it.
We arrange for the product to be stored and examined under an agreed protocol, which makes it harder for the other side to claim it was altered.
Talk to a defective product burn lawyer
If a defective product burned you or your child in California, Texas or Washington, call Beverly Law at (310) 552-6959. We will help you preserve the product and find every company in the chain that made and sold it. If the burn came from a cosmetic laser device, see our page on med spa laser burns. You owe no fees or costs unless we win.
Common questions
Can I sue if a product caught fire and burned me?
Yes, if a defect in the design, manufacture or warnings caused the fire and your burn. California applies strict liability, Washington uses its Product Liability Act, and Texas requires a safer alternative design for design claims.
Does a recall mean I automatically win?
No. A recall can help show that a hazard existed, but you still have to show that your unit had the defect and that it caused your injury. Keep the product so it can be examined.
What if the product was made overseas?
You can often sue the importer, the brand owner, the distributor or the U.S. seller. The CPSC recall notice usually names the importer, which is a good starting point.
Is there a time limit on product burn claims?
Yes. The general deadline is two years in California and Texas. Washington allows three years from when you discovered or should have discovered the harm and its cause. Texas also bars most claims 15 years after the product was sold.
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Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- cpsc.gov/node/55615
- cpsc.gov/s3fs-public/Micromobility-Products-Related-Deaths-Injuries-
- saferproducts.gov/
- nhtsa.gov/recalls
- scocal.stanford.edu/opinion/greenman-v-yuba-power-products-inc-27186
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm
- tcss.legis.texas.gov/resources/CP/htm/CP.82.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
- app.leg.wa.gov/RCW/default.aspx
- app.leg.wa.gov/RCW/default.aspx
- app.leg.wa.gov/RCW/default.aspx
- law.justia.com/cases/washington/supreme-court/1996/63533-1-1.html
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.