On April 6, 2020, Joybird issued a recall for their Blythe dressers. According to the recall (recall number 20-106), the dressers are unstable when not anchored onto the wall; this poses both a tip-over and entrapment risks that could result in serious injuries (or even death) to children. The recall fails to comply with the performance requirements of the U.S. voluntary industry standard – specifically, ASTM 2057-17.
The recall affects approximately 100 units. The affected Joybird Blythe dressers are made of plywood; they have a painted white finish exterior as well as nine brown-colored (veneer-faced) plywood drawers. The drawers have round knobs (finished with low-gloss lacquer). The recalled Blythe dressers measure approximately 66 inches wide, 18 inches deep, and 37.5 inches high – the Blythe dressers weigh approximately 209 pounds each. On the back of the affected dressers, consumers can find a sticker which the following information: “Stitch Industries, Inc.,” the month/year of manufacturing, and “TSCA Title VI Compliant.”
The recalled dressers were sold online via Joybird.com from October 2017 through July 2019. The dressers were sold for approximately $1,700 each. According to the recall, no injuries have been reported.
The company is urging all affected consumers to stop using the recalled dressers (if they have not been properly anchored onto a wall) and place them into an area without access to children. The company is also recommending that affected consumers contact Joybird for either a free in-home repair of the dresser’s legs or a free in-home installation of a tip-over restraint kit (to anchor the dresser onto the wall). The company is also offering a $50 gift card for their website. Affected consumers also have the option to arrange a free pick-up of the defective product in exchange for a full refund. The company is directly contacting all known purchasers.
As mentioned above, the company claims that no incidents or injuries have been reported. However, it is possible that there have been unreported incidents as well as unreported injuries. Was your child harmed after the dresser tipped over and entrapped him or her underneath? If your child was harmed as a direct result of the tip-over and entrapment risk, do not hesitate to seek legal assistance immediately – you might have grounds to pursue a claim.
Specifically, you might have grounds to pursue a product liability claim for the harm that your child suffered. Whether your child suffered injuries or lost his or her life, you might have grounds to hold the liable company accountable for the harm suffered. If you would like to learn more about your right to pursue a product liability claim after your child was harmed by a defective product, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of personal injury claims – including defective product claims. Our defective product attorneys are knowledgeable on product liability law and are ready to provide you with the guidance that you need to hold the negligent company accountable for all the harm caused by their defective products. Would you like to discuss your claim with the experts at our firm? If so, do not hesitate to contact Normandie Law Firm at your earliest convenience.
The Danger of Tip-Over and Entrapment Hazards
Defective dressers are among the most prevalent hazards to young children. Young children climb the front of the dressers (the drawer side) to reach objects placed on top of the dressers or to be able to get onto other furniture (like beds our couches). When children climb on the dressers, the additional weight of the child causes the drawer to tip-over and fall onto the child – the child them becomes entrapped under the weight of the dresser. This could result in significant harm. Without a doubt, the child could suffer crushing injuries – including broken bones, for example. However, entrapment commonly leads to suffocation, which can result in oxygen deprivation, loss of consciousness, brain damage, and even death. Regardless of the harm that your child suffered associated with the defective product, you might have grounds to pursue a claim for all the harm suffered. For more information about your right to sue after your child suffered harm associated with a defective dresser, do not hesitate to contact our firm at your earliest convenience.
The Concept of Product Liability
If your child suffered injuries or lost his or her life due to an incident caused by a defective product, you might have grounds to sue. Specifically, you might have grounds to sue based on the concept of product liability. Based on product liability, all companies have a duty to ensure that their products are completely safe for their consumers to use. In other words, companies have the duty to inspect and test their products, including all elements related to the products’ design, labeling, and manufacturing. By inspecting and testing their products, companies are able to identify and address any defects present. When companies fail to identify and address the hazards present in their products, they are making their defective products available to the public. These defective products can contribute to incidents which can cause harm to innocent consumers. When a consumer suffers harm as a direct result of a defective product, the company could be liable for all harm. If a defect present in a product causes an incident which harms consumers, the company could be held accountable based on the concept of product liability.
How to Prepare to File a Claim
Based on product liability, you might have grounds to sue for the harm that your child suffered because of the defective drawers. However, there are a number of things that you should do to prepare to take legal action against the company that contributed to the harm that your child suffered. If your child or anyone in your family suffered harm associated with a defective product, you should do the following:
- Take photos of any physical injuries caused by the defective product
- Take photos of the scene of the incident (if possible, before)
- Take photos of the defective product
- Seek medical attention immediately (contact emergency services if necessary)
- Move the defective product to a place without access to children
- Do not tamper with the defective product in any way (do not try to address the defect yourself)
- Contact the company to report the defect and harm suffered
- Do not agree to a free repair, a free replacement, or to a refund
- Do not agree to return the defective product under any circumstance
- Gather any home-surveillance footage that might have captured the incident
- Speak to any witnesses present at the time of the incident
- Collect all medical records associated with the incident and harm suffered
- Collect documents relevant to the purchase of the defective product
- Seek legal assistance immediately
Without a doubt, it can be difficult to stay composed and follow certain recommendations after your child suffers harm. At our firm, we understand this – therefore, our lawyers are ready to guide you every step of the way. If you would like to learn more about the importance of following the steps listed above, do not hesitate to contact our firm at your earliest convenience.
You Can Sue and Receive Compensation
Depending on the details surrounding the incident and the harm that your child suffered due to the defective product, you might have grounds to receive compensation – that is, if your claim reaches a successful claim outcome. Without a doubt, recovering compensation cannot change events; it cannot reverse the harm that your child suffered. However, it can help you and your family start working towards moving forward after such a traumatic experience.
Although every product liability claim is different, some of the categories of compensation that might be available for recovery could include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Property damage
- Punitive damages
Could you be eligible to recover the type of compensation listed above? The type and amount of compensation that you could be eligible to receive will always depend on the details surrounding your claim. If you would like to learn more about the type and amount of compensation that you and your family could be eligible to recover if your defective product claim reaches a successful outcome, do not hesitate to contact the experts at our firm at your earliest convenience. The product liability lawyers at our firm are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Contact us today.
The Statute of Limitations
Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to pursue a claim. To preserve your right to sue, however, you must file your claim within the appropriate length of time. This is because all claims – including defective product claims – are subject to strict deadlines which are established by a statute of limitations. A statute of limitations simply establishes the length of time that claimants have to file their claims; a failure to file their claims on time results in losing the right to sue. Therefore, it is essential that affected consumers pursue their claims within the allowed timeframe.
What is the deadline that applies to your claim? The deadline that applies to claims depends on the type of claim being pursued and, sometimes, the details surrounding the claim. For example, product liability claims (in California) are typically subject to a two-year statute of limitations, meaning that claimants only have two years to file their claims. However, certain exceptions could apply based on the details surrounding the claim. For instance, in cases where the victim was a child, the statute of limitations can be tolled (or paused) until the victim turns 18-years-old.
If you would like to learn more about the statute of limitations that applies to your product liability claim, do not hesitate to contact the experts at our firm at your earliest convenience. Our lawyers will ensure that you have the information that you need to file your claim within the applicable statute of limitations.
Contact Normandie Law Firm Today
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including defective product claims. Our lawyers are ready to evaluate your product liability claim and help you sue the liable company for the harm that your child suffered. 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 our experts immediately. Our lawyers are ready to help you hold the liable company, whether it is Joybird or any other company, accountable for the harm that your child suffered.
Our lawyers are dedicated to providing all affected parties with the legal assistance necessary to hold liable companies accountable for their negligent actions. Therefore, we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our product liability lawyers will be available to answer all your questions and address all your concerns. Our lawyers will provide you with the information and guidance necessary to pursue or continue your product liability claim. If you are ready to benefit from our free legal services, do not hesitate to contact our firm today.
Our firm is also proud to offer a Zero-Fee guarantee, which ensures that our clients are never required to pay any upfront legal fees for our legal services. In addition, our firm is based on a contingency structure, meaning that our clients will not pay unless they win.
Are you ready to discuss your product liability claim with the experts at our firm? If so, do not hesitate to contact us at your earliest convenience.
