Miami Accident Lawyer Blog
The last place you should worry about suffering injury is when you are lying in bed and relaxing, but the experience was quite the opposite for several victims who were hurt while sleeping in defective beds. A November 15, 2020 article in the Miami Herald outlined the details of a recent recall jointly announced by the US Consumer Product Safety Commission and manufacturer Zinus. The recall covers 26,000 metal bunk beds that were not welded together properly, causing the upper bed to collapse. There have been 13 accidents reported involving the defective products, and victims have suffered serious injuries when falling or being crushed by the upper bunk.
If you were hurt by any type of product, it is essential to speak to a Miami products liability lawyer about your circumstances. You may have options regardless of a recall, but you should understand the basics about your rights when a product is withdrawn because of serious defects.
Common Recalls of Household Goods
Almost any item you purchase and bring into your home has the potential to contain a dangerous defect. Whether by the US government or voluntarily by the manufacturer, certain products tend to be the subject of recalls quite frequently:
- Kitchen appliances, especially stoves, ovens, and ranges that can cause fires;
- TVs, computers, battery chargers, and other consumer electronics;
- Clothes washers and dryers;
- Children’s toys and bikes;
- Over-the-counter and prescription medications;
- Household and power tools;
- Clothing, particularly children’s apparel, which must comply with federal regulations on fire resistant and/or retardant materials;
- Lawn and landscaping equipment; and,
- Many more.
In recent years, there have also been numerous reports regarding furniture “tip-overs,” which have also led to multiple recalls. The issue mainly affects tall and top-heavy pieces, such as TV stands, entertainment centers, and dressers.
Your Rights as a Victim in Product Recalls
There is a common misconception that your legal remedies come automatically after announcement of a product recall, but these are two separate concepts: A recall does not entitle you to compensation as an injured victim; this action simply gets the product off shelves. To recover monetary damages, you must enforce your rights through a products liability claim. There are three bases for liability in these cases:
- Negligence, which presents challenges since you need to prove that the manufacturer was at fault in producing a dangerous, defective item;
- Breach of warranty, such as the express or implied warranties attached to certain products; and,
- Strict liability, where you do not have to show that the manufacturer was at fault. However, you must still prove that the product was dangerous and directly caused your injuries.
Contact a Miami Products Liability Attorney About Your Legal Remedies
As you can see, a product recall can have an impact on your rights as the victim of a defective product, but there are other legal considerations when pursuing compensation. To learn more about the claims process, please contact Gerson & Schwartz, PA to set up a complimentary consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.