A federal judge denied consumer goods manufacturer NuWave’s motion to dismiss a lawsuit filed by a woman who claims she was burned by a pressure cooker, finding the company’s disclaimer on one of the last pages of a “busy and colorful owner’s manual” was not conspicuous as a matter of law.
Kara A. Partin sued NuWave for breach of express warranty and breach of the implied warranty of merchantability after she sustained serious burns, injuries, and damages while cooking with the small appliance, as she had done so for years. When the device alerted that the food was cooked in June 2021, Partin claims she released the steam until the device indicated that it was safe to open. However, the “lid burst open and the contents of the pot exploded all over [her] body,” according to the opinion filed on Friday in U.S. District Court for the Eastern District of Virginia.
