Water Heater Injuries, Scald and Burn Risks

Water Heater Injuries – Legal Claims Against Multiple Parties

Individuals injured due to a water heater may have a strong liability claim against multiple parties:

• landlord/property owner,
• installation or plumbing company,
• maintenance company,
• product manufacturer, distributor or retailer.

Negligence Claims & Water Heater Injuries

The defendant in a water heater injury case will depend on how and why the incident occurred. Claims against landlords, property owners, installation companies and maintenance companies often involve negligence during installation, maintenance or inspection of water heaters.

On the other hand, claims against a product manufacturer, distributor or retailer involve defective product claims.

In negligence cases, state, county and municipality laws and regulations will come into play. Under Pennsylvania law, only certain water heaters are required to be inspected annually, i.e., commercial water heaters or those in apartment buildings with more than 4 units.

A large, commercial landlord which failed to get required annual inspections may be liable when a water heater malfunctions resulting in a burn or scald injury to a tenant.

In addition to state rules, local ordinances may apply. For instance, a township ordinance may require permits for installation of water heaters.

A landlord that failed to obtain the proper permit during installation of a water heater may be liable when the water heater causes a scald injury to a young child taking a bath.

Product Liability Claims & Water Heater Injuries

The laws of each state vary, but as a general rule, product liability laws protect consumers from defective products. So, when a defective product causes injury, the product’s manufacturer may be held liable. In addition, any company which distributed or sold the product may also be held liable.

In the case of a defective water heater, the injured party would have to prove one of the following:

• the heater was designed defectively,
• the heater was manufactured defectively, or
• the manufacturer failed to provide sufficient warnings about the heater.

Do You Have a Strong Product Injury Claim Involving a Defective Water Heater?

The success of a product liability lawsuit, like a defective water heater lawsuit, often depends on two key factors.

First, you have to prove the nature of the defect, and in order to do that, the actual product must be preserved for testing by an appropriate expert, such as an engineering expert or mechanical expert. The expert will perform a thorough analysis and testing of the product to determine why and how it failed.

Second, complex product injury cases must be boiled down to a simple liability theory that can be presented to a jury. It’s critical to be represented by a lawyer with sufficient experience handling complex product liability cases.

About Morris Wilson Knepp Jacquette

Since 2016, our law firm has been rated a Best Law Firm in the area of Personal Injury Law by U.S. News & World Report. 

Our lawyers provide personal attention to each client and spare no expense in pursuing legal claims in complex injury cases like product injury cases. We’ve gone up against some of the largest product companies in the U.S. and abroad and won. Contact us for a free, no obligation consultation. 610-825-0500