Complaint for Damages and Strict Products Liability

COMPLAINT FOR DAMAGES AND STRICT PRODUCTS LIABILITY

COMPLAINT FOR DAMAGES AND STRICT PRODUCTS LIABILITY

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

(Negligence)

I.

Plaintiff, , is an individual and is now, and at all times mentioned in this complaint was, a resident of County, California.

II.

Defendant is now, and at all times mentioned in this complaint was, a corporation organized and existing under the laws of the State of California, with its principal place of business in County, California.

III.

Defendant is now, and at all times mentioned in this complaint was, a corporation organized and existing under the laws of the State of California, with its principal place of business in County, California.

IV.

Defendant is now, and at all times mentioned in this complaint was, in the business of designing, manufacturing, constructing, assembling, inspecting, and selling various types of household appliances, including electric ovens.

V.

Defendant is now, and at all times mentioned in this complaint was, in the business of inspecting, maintaining, installing, and selling at retail to members of the public various types of household appliances, including electric ovens designed and manufactured by defendant .

VI.

On , plaintiff purchased from defendant , and defendant installed in the kitchen of plaintiff's home, a that had previously been designed, manufactured, constructed, assembled, inspected, and sold by defendant .

VII.

On , plaintiff attempted to use the oven, at which time it malfunctioned causing the injuries and damages described below.

VIII.

At all times mentioned in this complaint, defendant so negligently and carelessly designed, manufactured, constructed, assembled, inspected, and sold the oven that it was dangerous and unsafe for its intended uses.

IX.

At all times mentioned in this complaint, defendant so negligently and carelessly inspected, maintained, installed, and sold the oven that it was dangerous and unsafe for its intended uses.

X.

As a direct and proximate result of the negligence and carelessness of defendants as described above, plaintiff's kitchen and the electric oven purchased by plaintiff were destroyed by fire and plaintiff's home, personal belongings, furnishings, and clothing were damaged by smoke and water used to put out the fire.

XI.

As a further direct and proximate result of the negligence and carelessness of defendants as described above, plaintiff sustained the following serious injuries and damages:

WHEREFORE, plaintiff demands judgment as set forth below.

SECOND CAUSE OF ACTION

(Strict Products Liability)

XII.

Plaintiff incorporates by this reference all allegations contained in Paragraphs 1 through 7 of the First Cause of Action of this complaint, as though fully set forth here.

XIII.

At all times mentioned in this complaint, the oven and its component parts were defective as to design, manufacture, and warnings, causing the oven and its component parts to be in a dangerous and defective condition that made them unsafe for their intended use.

XIV.

As a direct and proximate result of the defective and dangerous condition of the oven described above, plaintiff's kitchen and the electric oven purchased by plaintiff were destroyed by fire and plaintiff's home, personal belongings, furnishings, and clothing were damaged smoke and water used to put out the fire.

XV.

As a further direct and proximate result of the defective and dangerous condition of the oven described above, plaintiff sustained the following serious injuries and damages:

WHEREFORE, plaintiff demands judgment against defendants, and each of them, as follows:

• General damages according to proof;
• Special damages according to proof;
• Pre judgment interest according to law;
• Costs of this action; and
• Any other and further relief that the court considers proper.

VERIFICATION

I, , am a in the above-entitled action. I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at , California.