French Media Blogger Dies After Using Defective Whipped Cream Product
My name is Ed Smith and I’m a Sacramento products liability attorney. Our firm often learns about manufacturers’ defective products when clients contact us to report serious injuries. We also keep up with product recalls and breaking news stories like the recent one involving France’s 33-year-old lifestyle and fitness blogger Rebecca Burger. She died shortly after using a canned product that exploded.
Various news reports indicate that besides competing in beauty and fitness competitions all over the world, Ms. Burger regularly blogged about making healthy lifestyle choices. She was very active on social media with about 156,000 Instagram followers and over 50,000 Facebook fans.
Family Has Shared More Facts About Rebecca’s Life and Death
Ms. Burger tragically died in a freak accident in late June 2017 after a whipped cream can dispenser she was using exploded, causing a part of the can to break off and shoot straight into her chest – apparently triggering a heart attack. Her surviving family members are now warning all of Ms. Burger’s fans and the public to stop buying the defective product since they believe thousands more of the whipped cream can dispensers may be equally faulty and dangerous.
While Ms. Burger did receive medical treatment, doctors were apparently unable to reverse the damage caused by the reported heart attack. One BBC article reported that the type of can used involved the injection of gas into a metal container while the dispenser was under high pressure.
Product Liability Arguments Often Put Forth in Similar Cases
There are three basic types of product liability arguments put forth after a person is seriously injured or killed by a defective product. They include claims that the product was (1) defectively designed, (2) manufactured in a defective manner – or (3) marketed to the public without adequate consumer warnings indicating how the product should be properly used and stored.
Defective Design Argument
In a case like Ms. Burger’s, lawyers would review all relevant design materials to determine if there had been serious efforts to prevent the type of product malfunction that occurred.
They would also inquire if any prior complaints had been filed directly with the whipped cream can manufacturer — or with the U. S. Food and Drug Administration (or the Consumer Product Safety Commission).
Defective Manufacturing Claim
Legal arguments in a case like Ms. Burger’s might also be based on any evidence that the specific malfunctioning product was somehow different than others already sold – or that perhaps some type of shortcut was taken in creating the product by using less reliable goods or components than were used in prior batches.
This type of claim can be hard to prove and requires in-depth research into all the other cans produced at the same time – as well as those before and afterwards. It would be important to try and establish that the manufacturer knew that shortcuts were taken or that less reliable parts were used, in hopes that they might still perform adequately.
Failure to Provide Adequate Warnings or Instructions
When any product involving a pressurized can malfunctions, injury lawyers must also look to see if a specific warning was included about the proper usage of the product – and storage of the can within a certain temperature range. Consumers must also be told how to possibly shake the can while preparing to use it – and to stop using it after any noted product expiration date.
Defense Claims Often Raised by Product Manufacturers
Stated simply, the defendant maker of an alleged defective product often responds to a lawsuit by asserting one or more of the following defenses.
- That the product did not directly cause the plaintiff’s injury or wrongful death
- That the plaintiff was careless and negligently used the product in a way never intended by the manufacturer
- That the plaintiff assumed the risk. This would imply that the plaintiff knew she was using the product in a dangerous manner — and went ahead and risked serious injury or death by using it incorrectly.
Sacramento Products Liability Attorney
Hi, I’m Ed Smith and I’m a Sacramento products liability attorney. If you, or someone you know and love, has been seriously injured due to an unsafe or defective product, call me, Ed Smith, at (916) 921-6400 for free and very friendly advice. When calling outside of the greater (916) region, simply use my toll free number at (800) 404-5400.
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I am a California injury attorney in the Million Dollar Forum.
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I am the founder of the California injury website, AutoAccident.com.
Sources include:
http://nypost.com/2017/06/21/fitness-model-killed-in-freak-whipped-cream-accident/
http://www.bbc.com/news/world-europe-40362094
http://www.tmz.com/2017/06/22/fitness-blogger-rebecca-burger-killed-exploding-whipped-cream-canister/
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