On March 5, 2020, ECHO issued a recall for the ECHO and Shindaiwa Backpack Blowers and replacement straps. According to the recall, number 20-086, the backpack blowers’ shoulder straps, plastic buckles, or anti-static ground wires can be drawn into the blower fan and fan housing; this can cause plastic pieces to be expelled from the blower, which poses a laceration and impact risk. The recall affects approximately 67,700 blowers and 6,600 replacement straps.
The recall includes the ECHO and Shindaiwa brand 2-cycle gas powered commercial backpack blowers (with shoulder straps). The affected model and serial numbers can be found on the backpack blowers’ engine block. The affected model numbers and serial number ranges can be found below:
- PB-8010H (P48715001001- P48715999999)
- PB-8010H (P52315001001- P52315011904)
- PB-8010T (P48615001001- P48615999999)
- PB-8010T (P52415001001- P52415014244)
- EB810 (P52515001001- P52515002697)
- EB810RT (P52015001001- P52015999999)
- EB810RT (P52615001001- P52615003792)
The recall also affects replacement shoulder straps, with the ECHO or Shindaiawa logo on the strap. The affected replacement straps are associated with certain part numbers, printed on the plastic bag at the time of purchase. The affected straps include the following:
- ECHO Right shoulder strap P/N C061000780
- ECHO Right shoulder strap P/N C061000781
- ECHO Left shoulder strap P/N C061000790
- ECHO Left shoulder strap P/N C061000791
- Shindaiwa Right shoulder strap P/N C061000861
- Shindaiwa Left shoulder strap P/N C061000871
The defective products were sold at independent ECHO and Shindaiwa outdoor power equipment dealers; the products were also available online via HomeDepot.com and Grainger.com. The defective products were available from August 2018 to February 2020. The blowers were sold for approximately $600 each, and the replacement straps were sold for approximately $30 each.
ECHO has received at least 62 incidents reports, one of which consisted of a minor injury (resulting when a piece was expelled from the blower and hit a consumer in the neck).
ECHO is urging all consumers affected by the recall to stop using the backpack blowers and return them to an authorized dealer for a free repair. Should you follow this suggestion? Only individuals who have not been affected by the defective product whatsoever should do as the company suggests. If you and your family have been harmed, however, you should not even think about agreeing to a free repair; instead, you should explore the possibility of taking legal action immediately.
Could you take any legal action? Depending on the details surrounding the incident and the harm suffered, you might have grounds to take legal action. You could file a product liability claim. If you would like to learn more about your right to file a product liability claim, do not hesitate to contact our experts at your earliest convenience.
At Normandie Law Firm, our product liability lawyers are ready to handle your claim and guide you towards a successful claim outcome. We have many years of experience representing all sorts of victims, including victimized consumers. If you are in need of legal assistance, simply contact our firm and allow our experts to guide you every step of the way.
The Risk of Injury
As explained in the recall, the straps can be drawn into the flower fan, causing plastic pieces to be expelled from the machine. This poses a laceration and impact risk. Depending on the force with which the plastic pieces are expelled and the proximity of the individual to the blower, the projectile could cause significant harm. Any exposed skin could be lacerated; fragile bones, such as those in the face, could be fractured. Depending on the severity of the incident, affected consumers could suffer long-lasting or even permanent injuries that significantly affect quality of life. Regardless of the specific harm suffered, it is important for all consumers to be aware that their harm could have been completely avoided if the company would have acted appropriately.
About Product Liability
Who is liable for the harm associated with defective products? Many consumers blame themselves after being harmed by defective products; they believe that it was their mistake that contributed to the incident and that they could’ve acted differently to avoid the harm suffered. However, when products are defective, there is absolutely nothing that consumers could do to prevent harm.
So, who is liable? Based on the concept of product liability, companies can be liable for the harm that their consumers suffer associated with a defective product (specifically, a product with a defect in design, labeling, or manufacturing). This is because all companies owe their consumers a specific duty of care – a duty to ensure that their products are completely safe for consumers to use. Because of this duty owed to consumers, companies must inspect and test their products, which allows them to identify and address any hazards present in their products. By failing to do so, not only are they breaching their duty of care to their consumers but also putting them at risk of injury.
Based on product liability, companies could be liable for the harm that their consumers suffered – given that the harm suffered was directly associated with a defect (or a breached duty of care). This means that consumers could take legal action against these companies. If you would like to learn more about product liability and your right to sue, do not hesitate to contact our law firm today.
You Could Sue and Receive Compensation
As explained above, you might have grounds to sues based on the details surrounding your specific incident and the harm suffered. You might also be eligible to recover monetary compensation for the harm that you or a member of your family suffered. How much compensation could you be eligible to recover? What type of compensation could you be eligible to receive? The type and amount of compensation available for your claim will always depend on the details surrounding your claim.
Although every claim is different, some claimants could be eligible to recover compensation for some of the following types of compensation:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Property damage
- Punitive damages
To learn more about the type and amount of compensation that you might be eligible to receive, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. Our lawyers are ready to aggressively fight for your right to recover the compensation that you deserve.
What Should You Do?
There are a number of steps that affected consumers should follow after being harmed by a defective product. These steps include the following:
- Seek medical attention immediately
- Take photos of a physical injuries
- Take photos of any property damage
- Take photos of the defective product (including all pieces of the product)
- Contact the company to report the defect as well as the incident/harm suffered
- Do not agree to a free repair, free replacement, or full refund/voucher
- Do not agree to return the defective product for any reason
- Keep the defective place in a safe place as-is (do not tamper with it in any way)
- Speak to witnesses, if any were present
- Gather all medical records
- Gather all purchase records
- Seek legal assistance immediately
For more information about the recommended actions that affected consumers should take after being harmed by a defective product, do not hesitate to contact our firm at your earliest convenience. Our experts are ready to guide you during your legal process.
File Your Claim Within the Deadline
Anybody who is interested in potentially filing a claim should be familiar with the specific deadline that applies. All claims, including product liability claims, are subject to strict deadlines. These deadlines determine the specific length of time that claimants have to pursue their claims. If they fail to file their claims on time, they will lose their right to sue.
What deadline applies to your claim? In general, product liability claims in California are subject to a two-year statute of limitations; this means that claimants will only have two years to pursue their claims. If claimants fail to file their claims within these two years, they will lose their right to sue. Although this is a strict deadline, certain exceptions could apply – tolling the deadline to pursue your claim.
To prevent from losing the right to sue, you must ensure that you have a thorough understanding of the deadline that applies to your claim. For more information about the total length of time that you have to sue, do not hesitate to contact our firm today.
Contact Normandie Law Firm Today
Were you or a member of your family harmed by a defective product? If so, you might have grounds to file a product liability claim and even recover monetary compensation. If you would like to explore the possibility of pursuing a claim against ECHO for the harm that you or a member of your family suffered associated with the defective blowers, do not hesitate to seek legal assistance with our experts at your earliest convenience. At Normandie Law Firm, our defective product attorneys are ready to evaluate your claim and help you throughout the legal process.
At our firm, we are committed to providing all affected consumers with the legal representation necessary to hold negligent companies accountable for their actions. We offer free legal services, which include both free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the necessary information to pursue your lawsuit against the company that contributed to the harm suffered. If you would like to benefit from our free legal services, do not hesitate to contact our firm today.
Our firm is based on a Zero-Fee guarantee that ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on a contingency structure, meaning that our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything. To discuss your claim with our experts, do not hesitate to contact our firm today.
