N.M., A Minor v. Royal Oak

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As a curious 4-year old, N.M. was naturally attracted to the smoldering bar-be-cue pit next door. The neighbors had finished cooking and gone inside to eat. N.M. was apparently squirting the remnants of lighter fluid on the hot coals when they ignited and the fire “flashed back” into the container causing it to explode, dumping fuel onto N.M. He suffered second and third degree burns to his body that were treated at a Shriner’s Hospital in Ohio. Like most lighter fluid manufacturers, Royal Oak had failed to include a small screen in the container lid, which would have prevented a “flash back” of this nature. The cost of the screen would be about 1 cent per container and would eliminate this severe, albeit rare, hazard. The defendant denied having considered a spark-arresting screen or considering it necessary, but decades old documents obtained in a thorough and careful investigation of the case proved embarrassing to the defendants. Fortunately N.M. had healed very well and there were minimal future medical expenses. The Shriner’s who refused to seek reimbursement or charge for their services had paid past medical expenses. The claim for the minor child’s pain, suffering and disfigurement was settled following extensive mediation for $750,000.