On March 12, 2020, Homestar issued a recall for their Finch three-drawer dressers. According to the recall, recall number 20-721, the recalled dressers are unstable if they are not anchored onto the wall; this poses a significant tip-over and entrapment risk which could lead to injuries and even death to children. According to the recall, approximately 33,300 units have been affected.
The recall specifically involves the Homestar Finch three-drawer dressers, available in maple/bank adler (EB108738W), black (EB108738Q), torino walnut (EB108738TW), and white (EB108738W). The drawer dressers were sold both alone and as part of a matching bedroom collection. The dressers have three drawers with three brushed nickel-finish metal handles. The dressers measure 28-inches high, 27.5-inches wide, and 16-inches deep. They weigh approximately 47 pounds. A label on the back of the recalled dressers contains the model number as well as the brand name (Homestar North America).
The defective dressers were sold online via Amazon.com, Hayneedle.com, Walmart.com, Overstock.com, as well as through other online retailers from January 2016 through May 2019; they were sold for approximately $90 each.
According to the company, no injuries or incidents have been reported. However, it is possible that there have been many unreported incidents involving the defective drawer dressers. The company is urging consumers to immediately stop using any recalled dressers that have not been properly anchored onto the wall and place them in an area without access to children. The company is also urging consumers to contact them to receive a free tip-over restraint kit as well as a one-time, free in-home installation of the kit. Homestar is directly contacting all known purchasers.
Should you follow the recommendations of the company? Should you ever follow the recommendations of a company after a recall? The only time you should follow recommendations is when neither you nor your family have been harmed in any way associated with the defective product. However, if your family has been affected – specifically, if your child was harmed due to the defective drawer dresser – you should not follow the recommendations; instead, you should seek legal assistance immediately.
Depending on the details surrounding the incident and the harm that your child suffered, you might have grounds to take legal action. Specifically, you might have grounds to file a product liability claim against the company. If you would like to learn more about your right to sue after your child was harmed by a defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to evaluate your claim and help you hold the liable company accountable for the harm suffered.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including the product liability claims that arise from incidents surrounding defective products. Our lawyers are ready to help you hold the liable company accountable for the harm that your child and that your entire family suffered. If you would like to learn more about the possibility of pursuing a claim against Homestar for the harm that your child and your entire family suffered, do not hesitate to contact our firm at your earliest convenience. Our lawyers are ready to fight for your rights as a consumer.
The Danger of the Tip-Over and Entrapment Hazard
Without a doubt, tip-over and entrapment risks are some of the most dangerous hazards to children. These risks are most commonly associated with drawer chests and dressers – which many of us have in our home. When drawer chests and dressers are not properly anchored onto walls, they can tip over. This is because young children often open the drawers of these chests and dressers and climb them. The weight of the drawers is shifted forward; when the child climbs the drawers, the added weight results in the dresser tipping over onto the child.
Without a doubt, this could result in traumatic injuries to young children. The most common injuries associated with these incidents include crushing injuries; young children could suffer extensive fractures, crushed skulls, and even organ damage. Even if children survive the initial tip-over, they can become entrapped. The weight of the dresser can quickly be too much for a young child’s body to handle; specifically, it could cause suffocation. Suffocation, if not immediately addressed can cause the loss of consciousness, permanent brain damage, and death.
This danger associated with drawer chests and dressers is not new whatsoever. However, companies continue to release defective product – putting more and more children at risk of suffering irreversible harm.
Understanding Product Liability
Who is liable for the harm resulting from a defective product? Who could be held liable if your child was severely harmed because of the recently recalled drawer dressers? Based on the concept of product liability, companies could be liable for the harm that their consumers suffered associated with their defective products. This is because all companies owe their consumers a duty of care – a duty to ensure that all their products are completely safe for consumers to use. If companies breach their duty of care towards their consumers, they are putting them at risk of suffering harm. As soon as a breached duty of care (a defective product) directly contributes to the harm that a consumer suffers, the company could be held accountable. What does this mean? Based on product liability, companies that directly contributed to the harm that consumers suffered could be sued – they could face product liability lawsuits.
What Should Affected Consumers Do?
Your child was directly affected by a defective product; now, what? What should consumers do? As mentioned above, affected consumers might have the right to pursue a product liability claim; however, it is essential that consumers prepare effectively to do so.
What should you do? Consider the following recommendations:
- Take photos of all physical injuries suffered
- Seek medical evaluation immediately (if the harm suffered was fatal, the cause of death must be clear)
- Take photos of the defective product
- Stop using the defective product and keep it inaccessible to children
- Do not tamper or attempt to repair the defective product in any way
- Contact the company to report the defect as well as all harm suffered
- Do not agree to a full refund (or a credit or voucher)
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to return the defective product to the company
- Speak to witnesses, if available
- Gather surveillance footage, if available
- Collect all relevant medical records
- Collect records regarding the purchase of the defective product
- Seek legal assistance immediately
By following these recommendations, consumers can prepare to take legal action against the companies that negligently contributed to the harm suffered. For more information about the importance of following these steps, do not hesitate to contact our firm today.
You Could Sue and Recover Compensation
As explained above, you could sue after your child suffered harm associated with a defective product. Your right to sue is based on product liability. If your product liability claim reaches a successful outcome, you could be eligible to recover monetary compensation.
Some of the monetary compensation that you could recover could include compensation for the following:
- Medical costs
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Property damage
- Punitive damage
Without a doubt, recovering monetary compensation cannot reverse the harm that you suffered; however, it can help you and your family move forward from such a traumatic time in your life. When you allow the product liability lawyers at our firm to handle your claim, you can be certain that there will always be someone fighting for your right to receive the highest amount of compensation available for your claim.
File Your Claim On Time
Although you might have the right to sue based on product liability, you could lose your right to sue if you fail to file your claim on time. This is because all claims are subject to a statute of limitations – or a deadline to sue. A statute of limitations establishes the exact length of time that claimants have to pursue their claims. What is the statute of limitations that applies to your claim? In general, product liability claim (in the state of California) are subject to a two-year statute of limitations, meaning that claimants only have two years to file their claims. If they fail to file their claims on time, they could lose their right to sue.
It is also important for all consumers to be aware that certain exceptions to the statute of limitations could apply. Exceptions, based on the details surrounding your claim, could directly affect the time that you have to sue. In cases in which children are injured, an exception could apply – specifically, the applicable deadline could be tolled until the injured child becomes a legal adult. Then, the victim will be able to pursue a claim independently. This exception only applies when parents of the injured child did not pursue claims themselves.
For more information about the specific length of time that you might have to pursue your claim, do not hesitate to contact the experts at our firm today.
Contact Normandie Law Firm Today
Did your child suffer harm as a direct result of the defective drawer dressers recalled by Homestar? If so, you should consider the possibility of taking legal action against the company. If you would like to learn more about your right to pursue a claim for the harm resulting from the defective product, do not hesitate to seek legal assistance with the experts at Normandie Law Firm at your earliest convenience.
Normandie Law Firm is a personal injury firm with many years of experience handling all sorts of claims – including defective product claims. Our product liability lawyers are ready to evaluate your claim and provide you with all the information that you might need to take action against the company that negligently contributed to the harm that your child suffered.
Our firm is committed to providing you with the representation that you need to hold the liable company accountable. Our firm is so committed to affected consumers that we offer free legal services, including 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 – allowing you to access all the information that you might need to pursue your claim.
Our firm also offers a Zero-Fee guarantee; this means 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 contingency; this means 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.
For more information about pursuing a product liability claim, do not hesitate to contact our firm today.
