On April 30, 2020, Modular Robotics issues a recall for their rechargeable battery packs. According to the recall, number 20-115, the rechargeable battery packs can potentially short circuit, which can cause them to overheat; this poses a burn risk to consumers. The recall has affected approximately 2,400 units of the rechargeable battery packs.
The recall incudes battery packs that were sold individually and in Classroom Kits, GoPiGo, and BrickPi robotic bundles. The recalled product is a 9.6V 2000Ah NiMH battery pack with Max Charge Current 2A; the battery pack is wrapped in black plastic. There is a white label on the battery pack on which “Dexter Industries Rechargeable Battery Pack” is printed.
The recalled battery packs were sold online via Dexterindustries.com. The batteries were available for approximately $38 each from March 2018 through January 2020. According to the recall, there have been at least four reports of the battery packs overheating and smoking; allegedly, no injuries have been reported.
The company is urging all consumers affected by the recall to immediately stop using the rechargeable battery packs and contact them for a free replacement of the product. The company is also suggesting that consumers safely dispose of the defective battery packs (following local laws relevant to the disposal of batteries).
Should you follow these recommendations? If you or a member of your family suffered harm associate with the defective product, you should not even consider the possibility of agreeing to a free replacement of the product; instead, you should explore the possibility of holding the company liable for the harm caused by their defective product. Based on the details surrounding the incident and the harm that you or a member of your family suffered, you might have grounds to pursue a product liability claim.
If you would like to learn more about the possibility of pursuing a product liability claim, do not hesitate to contact the experts at our firm at your earliest convenience. 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 dedicated to providing affected consumers with the guidance necessary to sue negligent companies for the harm caused by defective products. If you are interested in learning more about your right to sue after your or a member of your family suffered harm associated with a defective product, do not hesitate to seek legal assistance with the experts at our firm immediately.
The Danger Associated with the Defective Battery Packs
As explained above, the defective rechargeable battery packs pose a burn hazard because they can short circuit and overheat. Without a doubt, burn injuries can occur if the consumer touches the battery pack when it is overheating. However, it is also possible for the overheating battery to start a fire, resulting in burn injuries that way. Although some burn injuries can be minor, burn injuries have the potential to be severe – and life-threatening in some circumstances. Regardless of the specific harm that you or a member of your family suffered associated with the defective product, you must be aware that the harm suffered could have been prevented if the company would have ensured the safety of the product being made available to consumers.
Product Liability – Determining Your Right to Sue
If you or a member of your family suffered harm associated with a defective product, whether the rechargeable battery packs mentioned above or any other product, you might have grounds to sue for the harm suffered. Your right to sue will always be based on the concept of product liability. What is product liability and how does it determine your right to sue after being harmed by a defective product?
To establish product liability, the following four elements must be present:
- Duty of care
- Breach of duty
- Cause
- Harm
If all four elements are present in your specific situation, you might have grounds to pursue a product liability claim. This is because all companies owe their consumers a specific duty of care – they have the duty to ensure that their products are completely safe for consumers to use. When they fail to ensure the safety of their products, they are breaching their duty of care (and putting their consumers at risk of suffering an incident). The breach of duty can cause an incident that could result in harm.
If you would like to learn more about product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. Our product liability lawyers are ready to provide you all the information that you need to pursue your product liability claim.
What Should Consumers Do?
What should you do if you or a member of your family suffered harm associated with a defective product? Without a doubt, there are a number of things that affected consumers should do after being harmed by a defective product – as acting appropriately can better the chances of being able to pursue a successful claim. What should you do? Consider the following recommendations:
- Photograph all physical injuries suffered
- Seek medical attention for the harm suffered
- Photograph the defective product
- Photograph any property damage caused by the defective product
- Do not tamper with the defective product in any way
- Stop using the defective product and keep it in a safe place
- Contact the company and report the defective product and the incident (as well as the harm suffered)
- Do not agree to a refund, replacement, or repair
- Do not agree to return the defective product
- Speak to any witnesses present at the time of the incident
- Gather surveillance footage that might have captured the accident (if any is available)
- Collect all medical records
- Collect records of the damage caused by the defective damage
- Collect records associated with the purchase of the defective product
- Seek legal assistance with an experienced defective product attorney immediately
Can I Recover Compensation?
If you make the decision to pursue a claim that eventually reaches a successful claim outcome, you might have grounds to recover monetary compensation. Although the type and amount of compensation will vary based on the details surrounding your product liability lawsuit, the compensation that you could be eligible to recover could include some of the following:
- Medical expenses, for all medical care required after the incident
- Lost income, for the wages lost associated with the incident and the inability to work for some time after the incident
- Pain and suffering, for the mental and emotional harm resulting from the incident and the harm suffered
- Property damage, for any damages to personal property caused by the incident
- Loss of consortium, for the lost ability to have a normal relationship with the victim (usually awarded in the case of death or severe injuries)
- Funeral and burial costs, for the expenses associated with death services
- Punitive damages, awarded as punishment towards the defendant (to deter similar incidents from reoccurring)
How much compensation could you be eligible to receive? What type of compensation could you recover if your claim reaches a successful outcome? To ensure that you have a thorough understanding of the type and amount of compensation that you might be eligible to receive upon reaching a successful outcome, do not hestiate to contact the experts at our firm immediately.
Our product liability lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Our lawyers will never settle for less than what you deserve. You can be certain that our product liability lawyers will not rest until you recover the compensation that you are owed. For more information regarding the compensation that you could be eligible to recover, do not hesitate to contact our experts immediately.
The Statute of Limitations
If you were harmed by the recalled rechargeable battery packs discussed above, you might have grounds to sue and receive monetary compensation. However, you could lose your right to sue if you fail to pursue your claim within the time allowed by the applicable statute of limitations. What is a statute of limitations? A statute of limitations determines the specific length of time that claimants have to pursue their claims; if claimants do not file their claims on time, they could lose their right to sue.
How long do you have to pursue your claim against Modular Robotics or any other company that contributed to the harm that you suffered? In California, product liability claims are usually subject to a two-year statute of limitations, meaning that claimants only have two years to pursue their claims. However, exceptions could apply (based on the details surrounding the claim); exceptions could toll or pause the statute of limitations.
For more information about the statute of limitations that applies to your claim, do not hesitate to seek legal assistance with the experts at our firm immediately. Our product liability lawyers are ready to help you file your claim within the appropriate timeframe.
Contact Our Firm Today
If you are in need of legal assistance after you or a member of your family suffered harm associated with a defective product – such as the defective rechargeable battery packs mentioned above – do not hesitate to seek legal assistance with the experts at our firm immediately. At Normandie Law Firm, our lawyers have many years of experience handling product liability claims and helping injured consumers hold negligent companies accountable for the harm caused by defective products. If you are interested in holding Modular Robotics or any other company accountable for the harm that you suffered, do not hesitate to contact our firm immediately. Our lawyers are ready to provide you with the representation that you need to pursue your claim.
At Normandie Law Firm, we understand that it can be difficult to access the appropriate legal representation; therefore, consumers affected by defective products often take no legal action against negligent companies. To remain accessible to affected consumers, our firm offers free legal services, which include both free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to provide you with all the information necessary to start or continue your claim. Our product liability lawyers are ready to answer all your questions and address al your concerns. If you would like to benefit from these free legal services, do not hesitate to seek legal assistance with the experts at our firm today.
Our firm offers a Zero-Fee guarantee that ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also based on contingency, meaning that our clients will never have to pay anything until after reaching a successful claim outcome. If you do not win, you will not have to pay anything.
Contact the experts at our firm today to explore the possibility of pursuing a product liability claim against Modular Robotics for the harm that you or a member of your family suffered.
