Frilot Successfully Defends Water Heater Manufacturer in Propane Leak Lawsuit

On July 16,2020 there was a propane explosion under one of the cabins at a girl’s camp in Honesdale, PA (near Scranton). While no camper was injured,  the maintenance man for the facility and his wife both were burned. The recovery of the former lasted for several months.

The injured individuals sued several companies, in products liability and/or negligence, for defective design, manufacture and carelessness that caused propane leakage. “Yehuda Rubin et. al. vs Town and Country Energy Corporation, et al”, Case No. 3:22-CV- 00979 on the docket of the United States District Court for the Western District of Pennsylvania. Frilot’s client was a water heater company, whose product was alleged to be defective by virtue of its construction and design, thereby causing the propane to leak and then igniting it.

Testing and inspections were performed on several occasions. Depositions of many fact witnesses were taken. Thereafter, Frilot’s client filed its dipositive motion. The upshot of this is that the water heater was found not to be the source of the propane leak. Furthermore, and perhaps more importantly, even if the unit did ignite the fire, its flame that did so was a design characteristic essential to the operation of the appliance and not a defect.

Summary judgment in favor of Frilot’s client was granted, dismissing the plaintiffs’ claims and all cross-claims against it. Some parties ended their involvements in the case by virtue of a settlement.