Cruz v. Fagor America, Inc.
California Court of Appeal, Fourth District, Division 1, 2007.
52 Cal.Rptr.3d 862,
During the summer of 2001, while attending a San Diego County Fair, Alan Cruz’s
parents purchased a pressure cooker from a vendor at the fair. On the date of September 10,
2001, Alan Cruz, who was 16, was burned on his thigh and left side of his torso when he
attempted to take the lid off of the pressure cooker that was recently purchased the summer
before. That same day, an email was sent to Fagor America, Inc., who was the American
distributor of this pressure cooker, and instructed them on the injuries that had occurred when
using their product. Nearly a year and nine months later, June 2, 2003, the Cruz family was
notified that Fagor America, Inc. was denying that they had any liability on this issue. Alan Cruz
filed a complaint in the California state court on December 1, 2004, alleging product liability and
causes of action for negligence. Through his attorney, Cruz sent the summons and complaint to