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Products Liability Keyed Owen, 8th Ed.
Booth v. Black & Decker, Inc.
Citation:
166 F. Supp. 2d 215 (2001)Facts
The plaintiffs’ home was severely damaged by a fire on September 13, 1996, which began in the northeast corner of their kitchen. Several appliances were located in this area, including a dishwasher, microwave, and a Black & Decker toaster oven that had been purchased approximately three months before the fire. The plaintiffs asserted that the toaster oven caused the fire due to alleged manufacturing and design defects. They relied on the expert testimony of Richard B. Thomas to establish that the toaster oven was defective and caused the fire. Thomas hypothesized that the fire was caused by a spontaneous welding of contacts in the toaster that caused it to overheat and combust. He also claimed the toaster oven was defectively designed because it lacked a thermal cut-off device and contained excessive plastic material with a low melting point. The Philadelphia Fire Department’s Fire Marshall had concluded the fire was caused by the microwave oven. The plaintiffs had already received compensation from their home insurance carrier and were asserting subrogation interests of their insurer in this case.
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