On May 6, 2020, Prepac Manufacturing issued a recall for their 4-drawer chests. According to the recall (number 20-117), the 4-drawer chests are unstable and can tip over if they are not anchored to the wall; this poses a significant tip-over and entrapment risk to children. The hazard can result in injuries or death. The recall has affected approximately 21,000 units of the product.
The recall affects four model of the Prepac 4-drawer chests (with plastic drawer glides). The drawer chests were available in three finishes (white, oak, and black). The recall includes the following model numbers:
- BEP-3031-4 (Black)
- BBD-3031-4 (Black)
- OBD-3031-4 (Oak)
- WHD-3031-4 (White)
All models affected by the recall are 29-3/4”H x 30”W x 16”D.
The defective drawer chests were sold for approximately $75 each online via Overstock.com, Target.com, Amazon.com, and other online retailers. The drawer chests were available for purchase from April 2005 to September 2018.
According to the company, there have been no reports of incidents or injuries associated with the defective drawer chests. The company is urging consumers affected by the recall to do the following: (1) stop using the recalled chests and place them somewhere without access to children (if the chests are not anchored to the wall); (2) contact the company to receive a free tip-over restraint kit; (3) request a one-time, free in-home installation of the tip-over restraint kit.
Should you follow the recommendations made by Prepac Manufacturing? Only consumers who have been simply inconvenienced by the recall should follow the company’s recommendations. What if you have been seriously affected by the recall, however? If the defective drawer chests led to a tip-over and entrapment incident involving your young child, you should not follow the company’s recommendations. Instead, affected consumers should explore the legal options available.
If your young child suffered harm associated with the defective drawer chests recalled by Prepac Manufacturing, you might have grounds to sue – you might have grounds to file a product liability claim. Based on the details surrounding the incident and the harm suffered, you might have grounds to pursue a claim for the harm associated with the defective product. If you would like to learn more about your right to pursue a claim, do not hesitate to contact the experts at our firm at your earliest convenience.
At Normandie Law Firm, we have many years of experience representing the rights of individuals injured by the negligence of other parties or entities. Our knowledgeable attorneys have successfully handled all sorts of personal injury claims, including product liability claims. When you allow our product liability lawyers at our firm to handle your claim, you can trust that there will always be someone aggressively fighting for your right to hold the liable company accountable. Our product liability lawyers will not rest until your claim reaches a successful outcome and you recover the compensation that you are owed. If you would like to discuss your current situation with the experts at our law firm, do not hesitate to contact us as soon as possible.
The Tip-Over and Entrapment Hazard
Drawer chests are among the products that are recalled most frequently for posing a significant threat to the most defenseless – young children. Due to the product design as well as the weight distribution, the product can become unstable in some cases. Specifically, when a child climbs the front of the drawer chest, the added weight of the child can cause the drawer chest to tip-over. The drawer chest can fall on the child, and the child can become entrapped. Depending on the details surrounding the incident, a child could suffer a number of injuries, which include crushing injuries, traumatic brain injuries, broken bones, and lacerations, for example. Because of the entrapment and the weight of the drawer chest, the child can actually suffocate and suffer oxygen deprivation, which could lead to loss of consciousness, permanent brain damage, and even death.
Many people blame parents for these incidents. However, parents cannot be blamed for the incidents directly caused by defective products. Regardless of the harm that your child suffered, you might be eligible to take legal action against the company that negligently contributed to the harm suffered.
Product Liability: You Have the Right to Sue
If your child was harmed because of the defective drawer chests, you might have grounds to pursue a claim. Specifically, you might be eligible to file a product liability claim for the harm caused by the defective product. Your right to sue is determined by the concept of product liability. That is, the company owed you and your family a duty of care – a duty to ensure that their product was safe for consumers. Since the company breached their duty of care, failed to identify and address the hazard present in their product, and negligently made the defective product available for consumers, incidents and harm could occur. Whenever the harm that a consumer suffers is directly associated with a breached duty of care, the company could be held liable – meaning that consumers could sue.
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 immediately.
You and Your Family Could Be Entitled to Compensation
If you are eligible to file a claim based on product liability, you might also be eligible to recover monetary compensation for the harm that your child suffered due to the defective product. If your claim reaches a successful outcome, you could be eligible to receive compensation for some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Property damage
- Punitive damages
The type and amount of compensation that you could be eligible to receive will always depend on the details surrounding the claim; therefore, no two product liability claims will have the same outcome in terms of compensation available. To ensure that you have a thorough understanding of the value of your claim and the compensation that you could be eligible to recover, do not hesitate to seek legal assistance with our experts immediately. The product liability lawyers at Normandie Law Firm are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim.
Although we understand that recovering compensation will not reverse the harm that your child suffered, we know that recovering compensation can help you and your entire family move forward from such a traumatic time. Our lawyers will not rest until you recover the compensation that you are owed.
File Your Claim On Time
Without a doubt, you might have grounds to sue for the harm that your child suffered due to the defective drawer sets. Did you know that you must file your claim promptly to preserve your right to sue? All claims, including product liability claims, are subject to a statute of limitations – a statute of limitations determines the time that you have to file your claim. What deadline applies to your claim? In California, product liability claims are normally subject to a two-year statute of limitations, meaning that claimants only have two years to file their claims. If claims are not filed on time, claimants will lose their right to sue.
Although claims are subject to strict timelines, it is important to note that exceptions could apply. If any exceptions apply, the statute of limitations could be tolled or paused for some time. In cases involving harm to children, a common exception could apply; specifically, the statute of limitations could be tolled until the victim reaches a legal adult age.
To ensure that you have a thorough understanding of the length of time that you have to pursue your product liability claim, do not hestiate to contact the exerts at our firm as soon as possible. Our lawyers are ready to provide you with the guidance that you need to file your claim within the appropriate deadline.
What Should You Do?
If your child was harmed by a defective product, you must do all of the following to prepare to pursue a claim:
- Take photos of all injuries suffered
- Take photos of the defective product
- Seek medical attention immediately
- Contact the company
- Report the defect and the harm suffered
- Do not agree to a free repair kit
- Do not agree to a free replacement
- Do not agree to a refund
- Do not agree to return the defective product
- Gather all relevant records
- Medical records
- Purchase records
- Speak to witnesses
- Gather any surveillance footage that captured the incident
- Seek legal assistance with a product liability lawyer as soon as possible
Contact Normandie Law Firm Today
If you are in need of legal assistance after your young child suffered harm associated with the defective 4-drawer chests, do not hesitate to contact the experts at our firm at your earliest convenience. Our lawyers are ready to aggressively fight for your rights as a consumer. Our lawyers are not afraid to hold Prepac Manufacturing or any other negligent company liable for the harm resulting from their product. If you are ready to discuss your claim with the experts at our firm and explore the legal options available to you, do not hestiate to contact Normandie Law Firm today.
At our firm, we offer free legal services – which include free consultations and free second opinions. During our free consultations and free second opinions, our product liability attorneys will be available to answer all your questions and address all your concerns. Our defective product lawyers will provide you with all the information necessary for you to start or continue your product liability claim against Prepac Manufacturing or any other negligent company. Would you like to benefit from our free legal services? If so, do not hestiate to seek legal assistance with the experts at our law firm immediately.
Normandie Law Firm offers a Zero-Fee guarantee that ensures that our clients will never have to pay any upfront legal fees for any of our legal services. Our firm is also based on contingency, meaning that our clients will not be required to cover any legal expenses until after reaching a successful claim outcome – if you do not win, you will not have to pay anything.
Are you ready to discuss your product liability claim against Prepac Manufacturing with the experts at our firm? If so, contact our firm immediately – our lawyers will fight for your right to be compensated for the harm that your young child suffered.
