Page 14 - nov-dec2018

Expert Analysis is Central to

Personal Injury Lawsuit Involving

Barbeque Grill Incident

exas homeowners, Jose Weber portable propane gas Inspections.
and Lucia Cruz, brought grill in his back yard on July 18, Typically, when a serious
a personal injury lawsuit 2015 when a fire and explosion propane-related incident oc-
Tagainst Weber-Stephen occurred The Weber grill was curs there is an incident scene
Products, LLC (“Weber”) arising fueled by a Manchester tank, inspection and often at least
out of a fire and explosion at which was maintained and one follow-up inspection at an
their residence involving a porta- filled by AmeriGas. Cruz had expert’s facility where detailed
ble propane gas grill After mul- purchased the propane tank analysis can take place of the
tiple inspections, Weber brought separately from the grill and had equipment and component
the propane tank manufacturer, used the tank a number of times parts. Here, the first inspection
McWane, Inc (Manchester before the incident On the day took place on January 20, 2016
Tank) and AmeriGas into the of the incident Cruz opened the at the residence where the fire
lawsuit asserting the fire was not propane tank and ignited the occurred On February 23, 2016
caused by an issue with the grill grill but noticed the flames were a second inspection took place–
but instead by a propane tank lower than usual Regardless, he this time at plaintiffs’ expert’s
leak This lawsuit illustrates the went to the kitchen to get the facility Weber’s expert disassem-
role of experts in lawsuits where food for the grill When he got bled the grill in order to conduct
potential technical defects are back to the grill, Cruz asserted an in-depth inspection Man-
alleged in equipment used in he saw the flames were still low chester and AmeriGas also had
propane fuel systems Note that so he turned the fire off, and experts at the second inspec-
lawsuits centering on technical reignited the grill to see if it would tion. Plaintiffs filed their lawsuit
claims as to equipment defects fix the issue with the flame level. against Weber after the sec-
can become fairly complex as When that step didn’t work, ond inspection but did not sue
to liability claims and defenses Cruz opened the grill cabinet to Manchester or AmeriGas Later
Experts are used in such lawsuits double check the connection on, plaintiffs filed an amended
to analyze issues and allegations between the tank and the grill complaint adding an allegation
outside the common knowledge “When he opened the cabinet, that the “diameter of the plastic
of typical jurors and to testify he heard a sound of leaking gas threaded nut component of the
about those issues to help the and flames suddenly shot out regulator was too small which
jury, as the trier of fact, under- from inside the cabinet ” Unfor- caused stresses on the nut result-
stand complex technical evi- tunately Cruz was “engulfed in ing in a crack and failure ” This
dence flames” and was “seriously and new allegation caused Weber
permanently injured ” After the to request a third inspection in
Background/Underlying incident, multiple inspections order to re-analyze the technical
Incident took place and the lawsuit was issues raised
Jose Cruz was using a filed. The third inspection took

14 Alabama Propane Gas Association | November / December 2018