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Burned by Home Waxer bought at Beauty Supply Store
Ms. Sims purchased a microwave home waxing kit from a beauty supply store. The product was purchased because Ms. Sims had seen a similar, but non-microwave roll-on product at a salon.
Ms. Sims followed the package instructions which directed to melt the entire bottle of wax. Ms. Sims heated it for 45 seconds and checked the wax. It was not melted. She then re-read the instructions which directed the consumer to heat the product in 15 second increments until melted. Ms. Sims heated the product for another 15 seconds, checked the product and it was not melted. Ms. Sims then heated the product for another 15 seconds. When she took hold of the product to check the level of melting the top of the bottle burst open and the hot wax poured all over her right hand and arm. Ms. Sims suffered second degree burns.
Once contacted by referral counsel Denena & Points, PC, immediately obtained experts and set up a testing protocol to prove the case. We alleged the product was defectively designed because of the shape of the bottle created hot spots at the top corners and bottle should have been made with a different, more heat resistant type of plastic.
Additionally, we made marketing defect allegations based on the inadequate warnings and confusing and incorrect heating instructions, and removal instructions included with the product.
Finally, the corporation completed zero hazard analysis or design testing. Essentially the product was put on the market with no idea how it would perform in the hands of the consumer.
Ms. Sims had approximately $6,500.00 in medical bills. The settlement offer was $0 pre-trial. Chad Points and Tony Denena resolved the case once trial commenced for more than 37 times the economic losses.