DEFECTIVE PRODUCTS: Confidential Settlement in Water Heater Case

Douglas C. Weinstein, of Slovis, Rutherford & Weinstein, along with out-of-town co-counsel, represented the families of two young girls who were catastrophically injured in a fire caused by a defective water heater. One of the girls, a three year old, was burned over 96% of her total body surface area. She was taken off a ventilator fourteen hours after the incident and died as a result of her injuries. The other girl, a four year old, was burned over 38% of her total body surface area. She was treated extensively at the Shriner's Burn Center in Cincinnati, Ohio. She retains scarring from burns and skin grafts on her face, arms and legs.

The children were playing near a floor mounted, gas fired water heater made by American Water Heater Company, of Johnson City, Tennessee. Gaslone was spilled or poured onto the floor of the dugout basement where the water heater was located. Because the water heater takes its air to feed its flame from an intake at the bottom of the unit, and because the flammable vapors from gasoline are heavier than air, the flammable vapors were sucked into the air intake, causing the flashback fire that engulfed the children. The father of one of the girls, barefoot and in shorts, ran into the flames to pull the children out of the fire.

Investigation of the case revealed that gas fired water heaters pose a significant danger of igniting flammable vapors unless elevated at least 18 inches above the ground or floor, which reduces the danger by about 90%. Instead of re-engineering the product to avoid this danger, the water heater company relied instead on the use of 25 cent labels stuck onto the water heater, whichhave been shown to be ineffective in warning of this risk. The evidence demonstrated that there were multiple previous incidents of fires caused by water heaters igniting flammable vapors, and that the water heater company was well aware of the danger.

After a ten day trial, in which the plaintiffs used testimony from experts from as far away as Detroit, Michigan and Houston, Texas, the parties settled on a confidential basis.

For More Information Contact:

Douglas C. Weinstein
Slovis, Rutherford & Weinstein, P.L.L.C.
Eighth Floor, Medical Arts Building, 603 Main Avenue, Knoxville, Tennessee 37902

Tel: (865) 544-0550

Toll Free: 866-LAW-KNOX [529-5669]

FAX: (865) 637-2372

Email: dcw@knoxlawyers.com