On October 8, 2019, Kawasaki Motors recalled lawn mower engines due to burn and fire hazards. According to the recall (number 20-703), “the fuel injector can leak excessive amounts of fuel into the engine.” This poses a severe burn and fire risk. About 950 units have been affected by the recall.
The recall specifically involves Kawasaki engines in riding lawn mowers – the lawn mowers are sold under Ferris with model numbers IS 2100Z ZTR and Cub Cadet Pro Z 760 LKW EFI. The recall consists of both 2017 and 2018 model year engines of the Kawasaki FX850V-EFI series. The series includes the following engine models: FX850V-AS44 with serial number range FX850VB19736-FX850VB44147; FX850V-AS47 with serial number range FX850VB20733-FX850VB40776. The engines can be identified by the “Kawasaki FX850V EFI” that is printed on the engine fan housing.
The defective engines were available at Kawasaki dealers and lawn/garden stores nationwide between June 2017 and August. The engines (when sold separate from the mowers) were sold for approximately $2,800. The mowers sold with the defective engines were sold for $10,000 to $12,000.
According to the recall, no incidents or injuries have been reported. The company is urging all consumers to stop using the mowers with the recalled engines immediately and contact them (the company or a dealer) to schedule a free repair.
Although Kawasaki claims that there have been no incidents or injuries associated with the defective motors, it is possible that there have been at least some unreported incidents. If you believe that you or a member of your family suffered harm as a direct result of the defective Kawasaki engines, do not hesitate to seek legal assistance as soon as possible – you might have grounds to pursue a claim.
If you are in need of legal assistance, do not hesitate to contact the experts at Normandie Law Firm immediately. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims including defective product claims. If you believe that the negligent actions of a company resulted in the harm that you suffered because of a defective product, do not hesitate to seek legal assistance with our experts. We firmly believe that all companies should be held liable for the harm that they cause their consumers.
The Dangers Associated with the Product Defect
According to the recall, the fuel injector could leak too much fuel into the engine, posing a fire and burn risk. Imagine you are mowing your lawn when the engine in your lawn mower suddenly is engulfed in flames. You could suddenly find yourself trying to escape the flames yourself. You could also find yourself doing everything within your power to avoid the flames from spreading and causing significant property damage. Without a doubt, your lawn mower engine getting on fire can prove to be a nightmare – which can potentially cause significant damage.
Undeniably, a fire could result in significant property damage. Even if the fire starts in the middle of your yard while you are mowing, it could eventually find its way closer to your home and result in structural damage. Once in your home, all your personal belongings could be at risk. Even if the flames do not destroy your home, the smoke and ash created by the fire could result in smoke and ash damage; although smoke and ash damage seems minor when compared to structural damage, it often required professional cleanup, which can cost thousands of dollars.
It is also possible for consumers to suffer burn injuries. Burn injuries range in severity, with the most minor being a first-degree burn which is like a sunburn. Second- and third-degree burns can significantly damage the layers of the skin. Fourth-degree burns burn completely through the skin and can damage ligaments, muscles, and nerves – possibly reaching the bones as well. In addition to burn injuries, the smoke-related injuries are also possible. Smoke-inhalation can permanently damage the respiratory system (especially when toxic fumes are being inhaled). The deprivation of oxygen can result in brain damage and even death.
Regardless of the specific harm suffered in association with the defective product, it is possible for consumers and their families are left struggling with expensive medical bills and property damage costs, for instance. If you and your family suffered any sort of damages associated with the defective product, it is essential that you explore the possibility of taking legal action as you might have grounds to be compensated.
Your Right to Sue Based on Product Liability
Do you have the right to sue based for the harm you suffered due to a defective product? Based on a concept of product liability, all companies have a specific duty of care towards their consumers. In other words, the companies that make products available for consumers have the duty to ensure that their products are safe for their consumers. This means that companies must thoroughly inspect their products and even subject them to safety tests to identify any potential hazards. All possible hazards must be addressed prior to making the products available to consumers.
When companies fail to address any hazards present in their products before making them aware to consumers, they are breaching their duty of care. Whenever a breached duty of care directly results to the harm innocent consumers suffer, the company could be found accountable for the harm suffered. In general, companies could be held liable for the harm that their consumers suffer given that it was caused by a defect in labeling, design, or manufacturing.
What does this mean? If a company breaches their duty of care to you and all other consumers and you are harmed, you have the right to sue based on product liability. To learn more about your right to sue based on premise liability, do not hesitate to seek legal assistance with the product liability experts at our firm.
Could You Really Recover Compensation?
Your right to recover any form of monetary compensation will always depend on the details of your claim. For example, the specific injuries suffered, the extent the injuries suffered, the loss of ability to work and earn income because of the injuries suffered, and the mental and emotional anguish caused by the injuries can all affect the compensation available to recover. The extent and severity of the property damage can also affect the compensation available for recovery.
In general, some of the compensation available could include the following categories:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Funeral and burial costs
- Loss of consortium
- Punitive damages
To learn more about the specific type and amount of compensation you could be awarded if your product liability claim against Kawasaki Motors for their defective engines, do not hesitate to seek legal assistance with our experts immediately. Our product liability lawyers are ready to aggressively fight for your right to recover the compensation that you deserve. Our product liability experts will do what it takes to ensure that you recover the compensation that you are owed.
What Should You Do?
After being harmed by a defective product, there are a number of things that you should do – especially if you are interested in pursuing a claim. Consider the following recommended actions:
- Seek medical assistance immediately for the harm that you suffered
- Take photos of all your injuries
- Take photos of the defective product
- Stop using the defective product
- Contact the company to report your incident, the defect, and the harm you suffered
- Refuse offers of refunds
- Refuse offers of free repairs
- Refuse offers of replacements
- Refuse to return the defective product to the company
- Refuse to sign any documents
- Keep the defective product as-is (do not attempt to repair it or tamper with it in any way)
- Gather witness contact information (if witnesses were present)
- Gather all medical records
- Gather all property damage records (repair bills, estimates, etc.)
- Gather all purchase records (receipts, confirmations, statements, etc.)
- Seek legal assistance
When you follow the recommendations listed above, you are essentially preparing to file your claim. These recommendations are very different than what is suggested by the recall – calling the company for a free repair. In product liability cases, the defective product is easily the most important aspect of a case. Following the suggestions of the company based on the recall will likely result in the loss of the most important evidence for your claim. If you would like more information about the steps that you should take immediately after being harmed by a defective product, do not hesitate to seek legal assistance with our experts at Normandie Law Firm immediately.
How Long Do You Have to Sue?
Although you have the right to file a claim, you could lose this right if you fail to file your claim within the appropriate length of time. More specifically, all claims are subject to a statute of limitations – or a deadline to sue. A statute of limitations determines the specific length of time that claimants have to file their claims. A failure to file on time could result in losing the right to sue as well as losing the right to recover any compensation.
What deadline applies to your claim? In California, product liability claims are subject to a two-year statute of limitations, meaning that claimants will only have two years to file. If they do not file on time, they will lose their right to sue.
Is your claim subject to a two-year deadline? Although it is possible that your claim is subject to this deadline, it is also possible that certain exceptions apply (exceptions are based on the details of your claim). If any exceptions apply, the applicable deadline could be tolled or extended, for example. For more information about the specific statute of limitations that applies to your claim, do not hesitate to contact our firm today.
Contact Normandie Law Firm Today
If you were harmed in any way by a defective product, you might have grounds to pursue a claim against the company that negligently contributed to the harm that you suffered. You can trust the experts at Normandie Law Firm to handle your claim and help you recover the compensation that you deserve. Our lawyers have many years of experience handling product liability claims and are ready to guide you throughout the entire legal process until your claim reaches a successful outcome.
If you would like to discuss your claim with our experts, do not hesitate to contact us immediately. Our firm offers free legal services which include free consultations and free second opinions. During our free legal services, our lawyers will always ensure that you have access to all the information that you need to pursue your claim and reach a successful outcome. Our free legal services are available through a Zero-Fee guarantee that ensures that all clients – regardless of their financial capabilities – have access to legal services without ever having to worry about paying any upfront legal fees. Our firm is also based on contingency, meaning that our clients will never be required to pay anything until after reaching a successful claim outcome; if you do not win, you will not pay anything.
If you are ready to discuss your claim with the product liability experts at our law firm, contact us at your earliest convenience.
