Defendant in fire extinguisher case asserts product 'fit for its intended purpose'

By John Suayan | Nov 29, 2018

GALVESTON – An original answer was entered into a federal lawsuit filed last month over an allegedly defective fire extinguisher.

Denying responsibility for Nancy Higgs’s injuries from the product in question, BRK Brands, Inc. submitted its response on Nov. 9.

The Southeast Texas Record previously reported that Higgs initiated legal action after a First Alert Tundra fire extinguisher purportedly manufactured and sold by BRK exploded on her as she reached for it under her kitchen sink last year.

According to BRK, the plaintiff either “misused, altered, or otherwise disabled, and/or damaged” the fire extinguisher.

“The plaintiff failed to exercise reasonable care for her safety, and such failure constituted the sole proximate cause or alternatively, a contributing cause of the resulting injuries and damages,” the 7-page answer says.

BRK additionally states that the fire extinguisher “was fit for its intended purpose” and “complied with all governmental regulations.”

The law firm Cozen O’Connor in Houston is representing the respondent.

Galveston Division of the Southern District of Texas Case No. 3:18-CV-0306

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