Drawer chests are among the most common household products; unfortunately, they are also among the products that are most frequently recalled. Drawer chests are typically all recalled for the same reason – they can be unstable and pose a tip-over and entrapment risk to young children. Although these dangerous products are continuously recalled, companies do not seem to take the risk seriously; rather, they continue to make their dangerous products available to consumers.
Was your child harmed as a result of a defective drawer chest? If so, you might have grounds to pursue a claim. Whether your child suffered injuries or lost his or her life, you might have grounds to pursue a product liability claim. The experts at Normandie Law Firm are here to help you. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. Our lawyers are ready to represent you and provide you with the guidance that you need to sue the negligent company for the harm that your child suffered.
Understanding the Recall
On May 13, 2020, Hodedah issued a recall for their HI4DR 4-drawer chests. According to the recall, number 20-120, the recalled chest is unstable if it is not anchored to a wall; it poses a tip-over and entrapment hazard that could result in severe injuries or death to young children. Additionally, the drawer chests are not compliant with the U.S. voluntary industry standard (ASTM 2057-19). The recall has affected approximately 26,500 products.
The recall specifically affects the Hodedah HI4DR 4-drawer chests, which were available in beech, chocolate, mahogany, white, cherry, and black. The drawer chests weigh approximately 84 pounds each. They measure approximately 40 inches tall, 27.5 inches wide, and 15.5 inches deep.
The defective drawer chests were sold for prices ranging from $90 to $200 from July 2017 through April 2020. They were available online via the following: Overstock.com, Hayneedle.com, 123stores.com, Cymax.com, Wayfair.com, HomeDepot.com, Walmart.com, Amazon.com, Goedeckers.com, Houzz.com, Homesquare.com, and Unbeatablesale.com.
According to the company, there have been no reports on incidents or injuries associated with the defective product. However, the company is urging all consumers affected by the recall to stop using recalled chests that are not anchored to the wall; the company suggests that consumers place the recalled chests in an area which young children cannot access. The company is providing consumers with two options: (1) request a free anti-tip anchoring kit, or (2) request a pre-paid shipping label to remove and return the chest’s drawer slides for a full refund (and discard the rest of the drawer chest).
Should you follow the recommendations made by Hodedah? If you own the recalled product but have not been affected by the product in any way, it makes sense to follow the company’s recommendations. What if your child suffered harm associated with the defective product? If your child suffered harm because of the defective drawer chest, you should not follow the company’s recommendations. Instead, you should explore the legal options available to you.
Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to sue – specifically, you might have grounds to file a product liability claim. For more information about your right to file a product liability claim for the harm that your child suffered, do not hesitate to contact the product liability lawyers at our firm at your earliest convenience. Our defective product attorneys are ready to evaluate your claim and provide you with the guidance that you need to hold Hodedah accountable for the harm caused by their defective product.
Tip-Over and Entrapment Risks Can Lead to Severe Harm
When young children climb drawer chests, the chests can become unstable and tip over. The drawer chests typically tip over forward (towards the children). Therefore, the chests fall on the children and entrap them underneath. These incidents could result in a number of injuries, most of which could be severe. Without a doubt, children could suffer crushing injuries due to the weight of the drawer chest. Children could also suffer broken bones, back/neck injuries, spinal cord injuries, scrapes/bruises, and lacerations. The most common harm, however, is suffocation. Because of the weight of the chest drawers against the defenseless bodies of small children, children could be unable to breathe; they could suffer oxygen deprivation, loss of consciousness, brain damage, and death. Regardless of the harm suffered, parents must know that the harm could have been completely avoided had the company ensured that the product was safe for consumers.
Product Liability – Consumers have the Right to Sue
Was your child harmed in a tip-over and entrapment incident involving the Hodedah 4-drawer chests? If so, you might have grounds to pursue a claim based on the details surrounding the incident. Your right to pursue a claim will likely be based on the concept of product liability. Product liability is based on negligence, which consists of the following four elements:
- Duty of care
- Breach of duty
- Cause
- Harm
How do the four elements listed above apply to the concept of product liability? Based on the concept of product liability, all companies owe their consumers a duty of care; specifically, they have a duty to ensure that all their products are all completely safe for their consumers. They must test and inspect their products to be able to identify and address any hazards present in their products. Companies can unfortunately fail to exercise their duty of care; rather, they can breach their duty of care and put innocent consumers at risk of suffering harm. The defective products can cause incidents (such as the drawer chest tipping over), which can cause consumers to suffer harm.
Because of the concept of product liability, whenever a consumer suffers harm as a direct result of a defective product, the company could be liable for all the harm suffered. If you would like to learn more about product liability and your right to pursue a product liability claim, do not hesitate to contact the experts at our firm immediately. Our experts are ready to guide you towards a successful claim outcome.
You Can Receive Compensation
Based on the details surrounding your product liability claim against Hodedah, you might be eligible to recover monetary compensation for the harm suffered (that is, if your claim is successful). How much compensation could you recover? What type of compensation could you be eligible to receive? The type and amount of compensation available for your claim will always be based on the details surrounding your claim. For instance, some claims could result in the recovery of the following categories of compensation:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Funeral and burial costs
- Loss of consortium
- Punitive damages
As mentioned above, the type and amount of compensation available for your claim will always be based on the details surrounding your claim. To ensure that you have a thorough understanding of the type and amount of compensation that you could be eligible to recover, you must discuss your claim with an experienced attorney. Our product liability lawyers are ready to evaluate your claim and fight for your right to recover the highest amount of compensation available. When you allow the defective product attorneys to handle your claim, you can trust that you will recover the compensation that you deserve – whether our lawyers have to negotiate a settlement or take your claim to trial.
If you would like to learn more about the potential value of your claim as well as the type and amount of compensation that you could be eligible to recover, do not hesitate to contact the product liability lawyers at Normandie Law Firm today.
What Should You Do?
Did your child suffer harm associated with a defective 4-drawer chest? If your child suffered harm after a tip-over and entrapment incident associated with the defective drawer chest, there are a number of things that you should do to preserve your right to take legal action against the liable company. Consider the following recommendations that affected consumers should follow after being harmed by a defective product:
- Take photos of the harm caused by the defective product
- Take photos of the defective product (if possible, before the scene of the incident is cleared up)
- Seek medical care as soon as possible
- Contact the company to report the incident and the defective product
- Do not agree to a free repair or a free replacement
- Do not agree to return the defective product
- Do not agree to a refund
- Speak to any witnesses to the incident
- Gather any surveillance footage that might have captured the incident
- Gather all medical records
- Gather records related to the purchase of the defective product (receipts, statements, etc.)
- Seek legal assistance as soon as possible
When you follow the recommendations listed above, you will collect the tools necessary to begin your claim against the company that negligently contributed to the harm that your child suffered. If you would like to learn more about the actions that you should take to prepare to pursue a claim for the harm that your child caused by a defective product, do not hesitate to contact our firm today.
The Statute of Limitations
Based on product liability, you might have grounds to sue for the harm that your child suffered associated with a defective product. However, based on the applicable statute of limitations, you might lose your right to sue. All claims are subject to a statute of limitations – which determines the exact length of time that claimants have to pursue their claims. If claimants do not file their claims within the time allowed by the statute of limitations, they could lose their right to sue. How long do you have to pursue your claim? In California, product liability claims are typically subject to a two-year statute of limitations, which gives claimants only two years to sue. However, claims involving children are often subject to exceptions (i.e. the statute of limitations is tolled until the child reaches an adult age). To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, do not hestiate to contact the experts at our firm immediately. Our lawyers will help you file your claim on time.
Contact Our Firm Today
Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. Our product liability lawyers are ready to evaluate your claim and help you reach a successful claim outcome. At our firm, our defective product attorneys are not afraid to hold negligent companies accountable for the harm caused by defective products. If you would like to explore your legal options, including your right to pursue a product liability claim, do not hestiate to contact the experts at our firm immediately. The product liability lawyers at Normandie Law Firm are ready to provide you with the guidance that you need to take action for the harm that your child suffered.
At our firm, we understand that it can be difficult for affected consumers to access legal services (due to expensive legal fees). Therefore, we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns – our product liability lawyers will provide you with all the information and guidance that you need to pursue your claim. Would you like to benefit from our free legal services? If so, do not hesitate to seek legal assistance with the experts at our firm immediately.
Normandie Law Firm offers 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. Because our firm is also strictly based on contingency, our clients will not have to pay any legal expenses until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything. If you are ready to learn more about your right to sue, do not hesitate to contact the experts at our law firm as soon as possible.
