On April 16, 2020, MTD Southwest issued a recall for the Troy-Bilt and Craftsman 25cc 2-Cycle trimmers as well as the Remington 25cc 2-Cycle polesaw. According to the recall, number 20-110, the head of the trimmers and polesaws can continue to rotate even when the throttle is released; this poses a laceration risk. The recall has affected approximately 2,660 units of the product.
The recall specifically involves Troy-Bilt, Craftsman-branded trimmers as well as Remington-branded polesaws. Both the trimmers and the polesaws are powered by 25cc 2-Cycle gasoline engines. The trimmers have red and black housing; they have either Troy-Bilt or Craftsman printed on the top of the units. The polesaws have orange and black housing; they have Remington printed on the top of the unit. The trimmers and polesaws have serial numbers ranging from 1K199DG1886 through 1L0599DH1017.
The recall includes all the following products:
- Troy-Bilt Model 41AD252S766 TB252S Straight Shaft Trimmer (UPC 084931848528)
- Toy-Bild Model 41CDZ25C766 TB22 Curve Shaft Trimmer (UPC 084931845725)
- Craftsman Model 41BDZ20C791 (CMXGTAMDZ20C) WC215 Curve Shaft Trimmer (UPC 084931847729)
- Craftsman Model 41BDZ22C791 (CMXGTAMDZ22C) WS215 Straight Shaft Trimmer (UPC 084931847736)
- Remington Model 41CDPS1C983 RM2599 Polesaw (UPC 084931843950)
The recalled trimmers and polesaws were sold at a number of locations including Ace Hardware, Tru Value, Menards, Do It Best, and Fred Meyer among others from November 2019 to January 2020. The defective trimmers and polesaws were sold for prices ranging between $109 and $190 each.
According to the company, no incidents or injuries have been reported. The company is urging all affected consumers to stop using the recalled polesaws and trimmers immediately and contact them for more information on getting a free replacement product.
Should you follow these suggestions? Should you agree to a free replacement product? If you or a member of your family suffered harm associated with a defective product, you should never even consider agreeing to a free replacement – instead, you should consider the possibility of pursuing a claim against the company.
Depending on the details surrounding the incident and the harm that you suffered, you might have grounds to pursue a claim against MTD Southwest. You might have grounds to file a product liability claim against the company that contributed to the harm that you or a member of your family suffered. If you would like to learn more about the possibility of pursuing a product liability claim after you were harmed by a defective product, do not hesitate to seek legal assistance with the defective product attorneys at Normandie Law Firm at your earliest convenience.
The Defective Product Could Result in Significant Harm
As mentioned above, the products have been recalled because the heads can continue rotating even when the throttle has already been released. Although these products are harmless when they are not in use (i.e. the throttle is not activated), these products are among some of the most dangerous when the throttle is activated. Users might release the throttle and feel comfortable getting close to the head of the products; however, since the head of the defective product can continue rotating ever after the throttle has been released, a number of injuries can occur. Unsuspecting consumers could suffer lacerations, severed fingers, nerve damage, muscle damage, and torn ligaments, for example. In cases where a laceration affects important veins, extensive blood loss can occur which can lead to loss of consciousness and other complications. Regardless of the harm caused by the defective products, all consumers should acknowledge the fact that they would not have suffered any harm if the company had ensured that the product was completely safe for consumers to use.
Product Liability and the Right to Sue
If you or a member of your family suffered harm associated with a defective product, you might have grounds to file a claim; specifically, you might have grounds to file a product liability claim. Your right to sue is based on product liability. Based on the concept of product liability, all companies owe their consumers a duty of care. These companies have the duty to ensure that their products are safe for consumers. This means that companies have to inspect and test their products to be able to identify and address any hazards present in the product. This ensures that consumers have access to products that are safe and free of hazards. When companies fail to identify and address the hazards present in their products, they are breaching their duty of care – they are also negligently putting consumers at risk.
If a company negligently makes a defective product available to the public, incidents can occur. Whenever a defective product contributes to an incident that causes harm, the company could be liable for all the harm suffered. Specifically, consumers could pursue product liability claims for the harm that they suffered due to defective products.
If you would like to learn more about product liability and your right to sue after suffering harm due to a defective product, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
If you or a member of your family suffered harm associated with a defective product, you might have grounds to file a claim; specifically, you might have grounds to file a product liability claim. Your right to sue
You Have the Right to Recover Compensation
Could you be eligible to recover monetary compensation for the harm that you suffered? If you pursue a product liability claim that reaches a successful outcome, you might be eligible to recover monetary compensation for all the harm that you or a member of your family suffered. Depending on the details surrounding your defective product claim, you could be eligible to recover compensation for some of the following:
- Medical costs
- Lost earnings
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
The type and amount of compensation that you could be eligible to recover will always be based on the details surrounding your product liability claim. When you allow the experts at our firm to handle your claim, you can be certain that our defective product attorneys are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. If you would like to learn more about the type and amount of compensation that you could be eligible to recover, contact our firm today.
What Should You Do?
It is common for consumers to be harmed by defective products; however, due to a lack of information, consumers often fail to act accordingly. Because of this, many consumers affected by defective products lose the opportunity to bring forth successful claims against the companies that negligently make defective products available to consumers.
What should you do if you were harmed by a defective product? Consider some of the following recommendations:
- Take photos of all injuries suffered (before and after treatment)
- Take photos of the defective product
- Stop using the defective product (keep it in a safe place)
- Contact the company to report the incident as well as the defect
- Do not agree to a free repair or a free replacement
- Do not agree to a refund or a store credit
- Do not agree to return the defective product
- Speak to witnesses present at the time of your incident
- Gather all medical records associated with the harm caused by the defective product
- Gather all records associated with the income lost as a result of the incident and harm suffered
- Gather all records associated with the purchase of the defective product
- Gather any surveillance video that might have captured the accident
- Seek legal assistance immediately
For more information about the steps that consumers should take after being harmed by a defective product, do not hesitate to contact the experts at our firm as soon as possible. Our lawyers are ready to guide you every step of the way.
The Statute of Limitations that Applies to Your Claim
As already explained, consumers affected by defective products might have grounds to sue based on the concept of product liability. However, even those with valid claims could lose their right to sue – if they fail to take action within the appropriate length of time. This is because all claims are subject to a statute of limitations. A statute of limitations determines the specific length of time that claimants have to pursue their claims. If claimants fail to file their claims on time, they will lose their right to sue (and their right to receive any form of compensation).
How long do you have to pursue your product liability claim? In California, product liability claims are typically subject to a two-year statute of limitations; therefore, claimants will only have two years to file their claims. This is a strict deadline; however, it is possible for exceptions to apply. Exceptions will always be based on the details surrounding the claim (such as the victim’s age, the victim’s mental competency, etc.). If any exceptions apply, the statute of limitations could be tolled or paused for some time.
To ensure that you file your claim on time and preserve your right to sue, you must have a thorough understanding of the statute of limitations that applies to your claim. For more information about the time that you have to sue, do not hesitate to contact the experts at Normandie Law Firm at your earliest convenience.
Contact Normandie Law Firm Today
At Normandie Law Firm, our lawyers have many years of experience handing product liability claims – always representing the best interests of consumers. Are you interested in learning more about your right to pursue a product liability claim and fighting for your right to receive monetary compensation? If so, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our product liability lawyers are ready to aggressively fight for your right to hold the negligent company accountable for the harm that you suffered.
Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. Our firm is dedicated to providing affected consumers with the legal guidance necessary to reach a successful claim outcome; to remain accessible to all consumers, our firm offers free legal services. Our free legal services 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 defective product attorneys will provide you with all the information necessary to pursue your claim and reach a successful claim outcome. Are you interested in benefiting from the free legal services offered by our firm? If so, do not hesitate to seek legal assistance with the experts at our firm immediately.
Our firm offers a Zero-Fee guarantee; this means that our clients will not be required to pay any upfront legal fees for our legal services. Our firm is also 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 pay anything. If your claim is successful, all costs will be covered by the compensation that you recover – so you will not have to pay any out-of-pocket costs.
Are you ready to discuss your current situation with our lawyers and learn more about your right to sue? If so, do not hesitate to contact our firm today.
