Bug O'Buckets

Jackson v. Home Depot, U.S.A., Inc., 4:01cv00137E(J) (N.D. Okla. 11/9/01)

"On a hot, steamy evening on July 21, 1996, Plaintiff Richard Jackson was at his Tulsa home relaxing after a day of working in his own landscaping business known as “Yard Guard.” His wife Wanda had left to go play bingo around 5:00 p.m. and was not expected back right away. Around 8:00 p.m., Plaintiff had stripped naked and was reclining on top of his bed watching T.V., and drifting off to sleep. An electrical thunderstorm moved into the area.

"He awoke with a start around 9:00 p.m. to notice the T.V. and all lights had gone off. He got up from the bed and found a cigarette lighter. Plaintiff noticed his wife's “Bug O'Bucket” citronella candle sitting just inside the front door. Although he had traditional indoor candles and a flashlight in his house, Plaintiff chose to light the “Bug O' Bucket,” which according to the label, is intended for outdoor use only. With disregard for the contents of the label, Plaintiff carried the burning “Bug O'Bucket” candle through the house checking his circuit breaker boxes. He placed the bucket on the floor near the back door of his house and went outside, naked, in the rain to check an outdoor breaker box. He was not successful with the breakers and came back inside soaking wet. He carried the bucket back through the house and placed it near the front door, which was propped open. The electricity came back on. The power had been out only 15-20 minutes.

"Plaintiff grabbed a towel to dry himself off and leaned over the bucket on the floor to snuff out the flame with his fingers. Plaintiff claims when he leaned over, water either dripped off his body or the towel and into the bucket. He then claims an explosion of hot wax erupted over his torso and genitals. He further claims his wife came home right at that moment to find her naked husband lying backwards on his bed and in pain. She attended to his bums, and extinguished the candle by simply blowing it out.

"Plaintiff went to the doctor the next day and was placed on a 10-day regiment of outpatient treatment at the burn unit. Plaintiff claims he sustained permanent scarring and numbness to the tip of his penis. He also claims he has a diminished desire for sexual relations with his wife, compared to before. He further claims the explosion of hot wax caused damages to his hardwood floors and ceiling."

Plaintiff sued Candle corp., which manufactured "Bug O'Bucket." There was no proof the product was defective. The case was dismissed. The moral of the story is simple. Don't go around naked carrying a bucket of hot wax in a thunderstorm, but if you have to, don't stand over it and drip.