On January 2, 2018, Comfort Research issued a recall—number 18-076—for approximately 1,200 Ultra Lounge bean bag chair covers. The Ultra Lounge bean bag chair covers were sold from April to August 2017, selling for $30 to $40. The bean bag chair covers were sold at the following stores: Kroger, Meijer, and Shopko. The Ultra Lounge bean bag chair covers were recalled because the inside of the bean bag can be easily accessed by children. Children can open the zippers on the exterior of the cover, crawl inside, and fail to find their way out. Under these unfortunate instances, children can become entrapped, while suffocating or choking on the beads inside of the bean bag. The recall urges parents in possession of bean bag chairs with defective covers to immediately move the bean bags away from children. The recall also urges consumers to contact Comfort Research to receive a refund.
Although no incidents have been reported, the risks of injury and death are severe. If your child was affected by the defective bean bag chair cover, you might have grounds to file a lawsuit against Comfort Research. If you are interested in taking legal action against the company that caused your child’s injuries or death, you must immediately contact Normandie Law Firm. The attorneys at our law firm have the expertise necessary to ensure that you have all the information about your legal situation.
What is the Hazard?
According to the recall, the defective bean bag chair cover poses a suffocating and choking hazard. How can your child be affected by this defective product? As stated in the recall, children can unzip the cover and crawl inside. If they are entrapped for a long period of time, they can suffocate due to the lack of oxygen or choke on the small bean bag beads—causing their death. However, if the child does not lose his or her life, becoming trapped inside a bean bag chair can cause serious injuries. The most likely injury includes permanent brain damage. When a child crawls into the bean bag, he or she will soon begin suffocating. Within a few minutes, the child will experience hypoxia—or the lack of oxygen to the brain. In turn, the child will suffer brain damage. A child who survives entrapment in a bean bag chair will likely suffer the effect of brain damage, such as paralysis, learning deficiencies, speech impediments, and nerve damage for example. If your child’s entrapment led to death or severe brain damage, you must immediately contact our law firm. Our attorneys will fight for you and your child.
Eligibility to File a Lawsuit
Can you file a lawsuit? The short answer is yes; you can file a lawsuit if a defective product resulted in an injury to your child. To file a lawsuit for a defective product, at least one of the following must be present in the product:
- Defect in design
- Defect in labeling
- Defect in manufacturing process
Which of the following would apply to the defective bean bag chair cover? The warning tag on the product claims that the zipper on the bean bag chair cover consists of a safety-locking zipper head to prevent children from accessing the inside of the bean bag. Since the recall claims that this zipper is accessible by children, would it be defective labeling? Or, is the zipper head’s design defective? Or, was the zipper head improperly manufactured? Whatever the case, you can file a lawsuit and recover compensation. You must immediately contact our attorneys to start your legal process and fight for your child’s rights.
Compensation Available
If you file a lawsuit after your child is affected by the defective bean bag chair cover, you might be eligible to receive compensation for your injuries. Depending on the circumstances of your claim, you might be eligible to receive the following compensation:
- Medical expenses
- Lost income
- Funeral and burial costs
- Pain and suffering
- Loss of consortium
- Punitive damages
Although there are many forms of compensation available, you should not expect to receive every type after a successful lawsuit. The type and amount of compensation that you receive will depend on the specific details of your claim. To find out more information about the compensation that is available for your claim, you must immediately contact our law firm.
Preparing for the Claim
Before you can file a lawsuit against Comfort Research for your child’s injuries or death, you must ensure that you do not unintentionally destroy any evidence. Below, you will find four things you should do to ensure that you can file a lawsuit:
- Do not send the product back to the company. The recall urges consumers to return the product to receive a refund. If you return the product for a refund or a replacement, you will lose the main piece of evidence in your claim.
- Do not try to fix the defect yourself. If you try to alter the zipper head after realizing that your child can access the inside of the bean bag chair, you might also lose important evidence to your claim.
- Seek medical attention. You must immediately seek medical attention. Even if your child is unresponsive, you must call emergency services as soon as possible. Emergency services will identify the cause of your child’s death or injuries.
- Keep all documents related to the bean bag chair cover. You must keep all documents related to the bean bag chair cover, such as receipts, order confirmations, and shipping confirmations, for example.
If you fail to do even one thing listed above, you might lose an important aspect of your claim. If you have successfully done everything listed above, you should contact our attorneys to immediately start the legal process against the company responsible for your child’s injuries or death.
Timelines and Limits
You should immediately seek legal assistance to establish the statute of limitations that applies to your claim. A statute of limitations is a timeline that sets the deadline in which a claim must be filed. If you do not file the claim within that timeframe, you might lose your right to sue. Most victims of defective products have two years from the date of injury to file a lawsuit against the party responsible. However, since the victims of the defective products, in this case, are children, the statute of limitations might be different. If your child survives entrapment but suffers severe injuries, the statute of limitations might be tolled until your child turns eighteen-years-old. That is, if your child was affected at the age of three, you would be able to file a lawsuit up to your child is twenty-years-old. For more information on the statute of limitations and exceptions that might apply to your claim, you must immediately contact our law firm.
Our Law Firm Can Help
Normandie Law Firm is a firm dedicated to helping the victims of personal injury recover the compensation they deserve. Our law firm consists of some of the most experienced attorneys in the area. Our attorneys have the expertise necessary to handle your claim and ensure that you win your lawsuit. When you contact our law firm, you can be certain that you will be treated with dignity and respect; most of all, you can be certain that our attorneys will always give you all the information you need. Ultra Lounge’s defective bean bag chair covers affect our most vulnerable—our children. If your child lost his or her life or suffered severe injuries because of the defective bean bag chair cover, you must immediately contact our law firm. Our attorneys will guide you while you sue for your child’s injuries or death.
Many people, unfortunately, do not take action because they are not aware of their rights. When you purchase a product, you expect that product to be safe for use. However, that is sometimes not the case, and innocent lives are lost or permanently affected. Our law firm is based on the idea that every victim should receive compensation for their injuries; but, if victims do not file lawsuits, they are ineligible to receive compensation. Our law firm offers free consultations and free second opinions to ensure that every victim has access to our legal services. During these free initial services, our attorneys will answer all your questions and address all your concerns. We guarantee that our attorneys will give you all the information you need to have the confidence to either begin or continue the process. These services are available to you at no cost because of our Zero-Fee guarantee.
Our law firm offers a Zero-Fee guarantee that ensures that the victims of defective products have access to our legal services without ever worrying about paying any upfront fees. Our law firm is also strictly based on contingency; therefore, our clients will not be required to pay any legal fees until our attorneys win their lawsuits. If your child lost his or her life or was seriously injured after being trapped inside the bean bag chair cover, you must immediately contact our attorneys. Our attorneys will do everything within their reach to represent you successfully.
