On December 19, 2019, BCI issued a recall for their Merge Playground Climbers. According to the recall, recall number 20-044, a welded rung opening on the sides of the climber poses an entrapment risk to children. Approximately 440 units are affected by the recall.
The Burke Merge metal climbers are used with playground equipment to allow children to climb and access the main play structure. “Burke” is printed on the exterior of the play structure – on the identification labels.
The defective playground climbers were available to purchase via Burke or Burke sales representatives from November 2015 to August 2019; they were sold for about $1,460 each.
According to the recall, no injuries have been reported as of yet. The company is urging consumers to stop using the Merge Climbers immediately and block children’s access. BCI Burke is directly contacting all known consumers via certified mail. Affected consumers are encouraged to get inspections and replacements if their climbers are not compliant with the current product standard.
Should you follow the recommendations established by the recall? The only time that consumers who own a recalled product should follow the recommendations established by the recall should be when they have not been affected by the defective product in any way. Consumers who have been affected by the recall (their children have suffered entrapment) should never follow the recommendations of the recall; instead, they should seek legal assistance immediately.
If you are interested in exploring the possibility of filing a claim after your child suffered harm because of the defective playground climbers, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience – the lawyers at Normandie Law Firm are ready to represent you.
At Normandie Law Firm, our lawyers have many years of experience handling claims and representing the best interests of our clients. Our product liability lawyers are ready to evaluate your claim provide you with the guidance that you need to reach a successful claim outcome. If you would like to explore the possibility of filing a claim with the assistance of our lawyers, do not hesitate to contact our firm today.
Is BCI Burke Liable for Harm Suffered?
If your child suffered any harm due to becoming entrapped in a defective playground climber, could you pursue a claim? Could you hold BCI Burke accountable for the harm that you suffered? All companies owe their consumers a duty of care to ensure that their products are safe for use. This is based on product liability. What does this mean? Because companies owe their consumers a duty of care, it is their duty to ensure that products are safe for consumer use before making them available to purchase.
By inspecting products and subjecting products to tests, for example, companies can identify any hazards that need addressing. However, many companies fail to identify and address the defects present in their products, and they recklessly make defective products available for consumers to purchase. Consumers then unknowingly purchase defective products which could result in accidents (such as entrapment) and could directly lead to injuries. When a breached duty of care (failure to ensure products are safe for use) results in harm, companies could be held liable – and affected parties could pursue product liability claims.
If you would like to learn more about product liability and the right to pursue a claim after being harmed by a defective product, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our lawyers are ready to provide you with all the information that you need to pursue your claim.
Our Recent Verdicts and Settlements
$2.5 Million
$599,000
$1.5 Million
$600,000
$525,000
$1.2 Million
You Could Recover Compensation
Without a doubt, you could sue; could you also recover compensation for the harm that you suffered? Depending on the specific details surrounding your claim and the harm that you suffered, you might have grounds to recover compensation for the harm that your child and your entire family suffered. Every claim is different; therefore, there is no guarantee on what you could recover. An experienced lawyer can provide you with information regarding the type and amount of compensation often available for recovery.
You could be eligible to recover compensation for at least some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
There is no doubt that receiving compensation for the harm that an innocent child suffered does nothing to address the traumatic experience. However, recovering compensation can help victims and their families move forward from such a devastating time in their lives. If you would like to learn more about the type and amount of compensation that you could be eligible to receive if your claim reaches a successful outcome, do not hesitate to contact our law firm at your earliest convenience.
What Should You Do?
After being harmed by a defective product, affected parties should do the following:
- Stop using the defective product
- Seek medical attention
- Take photos of all harm suffered
- Take photos of the defective product
- Keep the defective product as-is (do not tamper with it)
- Contact the company to report the defect and harm suffered
- Do not agree to a refund, a free replacement, or a free repair
- Gather all medical records
- Gather all purchase records
- Seek legal assistance
When you follow the points listed above, you are essentially gathering the tools necessary to pursue your claim. If you are ever unsure of what you should do next, simply seek legal assistance at your earliest convenience. Our product liability attorneys can guide you every step of the way.
You Must File On Time?
Following the steps above is not the only thing that you should do after being harmed by a defective product. It is also important that you have a thorough understanding of the time that you have to sue. All claims are subject to a deadline – a statute of limitations. A statute of limitations determines the specific length of time that claimants have to file their claims (based on the specific action being pursued).
In California, product liability claims are typically subject to a two-year statute, meaning that claimants will only have two years to file their claims. If claimants do not file on time, they will likely lose their right to sue – and their right to receive any compensation.
It is also possible for exceptions to apply – specifically, exceptions to the applicable statute of limitations. Exceptions are determined by the details surrounding your claim. For example, if the incident resulted in the victim’s mental incompetency, an exception could apply. Likewise, if the defendant leaves the state, an exception could apply. Exceptions just mean that deadlines are paused – essentially resulting in a longer time to sue.
To ensure that you have a thorough understanding of the statute of limitations that applies to your claim (and to avoid potentially losing the right to sue), it is essential that you have a thorough understanding of the deadline that applies to your claim. You can trust our product liability lawyers to provide you with all the information that you need to pursue your claim on time.
Is there a Class Action Lawsuit?
Can I file a class action lawsuit? How can I join or be a part of a class action lawsuit on this case? If the defective product harmed many parties, then it is likely that there is a class action claim in which you could participate. A class action lawyer can help you figure out how to join the specific class action lawsuit. In some cases, there might be mass torts rather than a class action lawsuit – mass torts are single claims against the same company. For more information about how to proceed with your claim, do not hesitate to contact our recall lawyers as soon as possible.
Contact Normandie Law Firm Today
If you are in need of legal assistance, do not hesitate to contact our firm immediately. Our experienced lawyers are ready to handle your product liability claim and provide you with the legal assistance that you need. Our firm offers free legal assistance – including free consultations and free second opinions – to ensure that affected parties have access to the legal representation that they need. During our free legal services, our product liability lawyers will be available to answer all your questions and address all your concerns.
Our firm also offers a Zero-Fee guarantee which ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also based on a contingency structure ensuring that our clients will not be required to pay any legal fees until after reaching a successful claim outcome. This means that you will not pay until you win – and if you do not win, you will not be required to pay anything.
If you are ready to discuss the possibility of filing a product liability claim against BCI Burke with the defective product experts at our firm, do not hesitate to contact Normandie Law Firm today.
Other Pages on Our Website Related to This Topic
Herman Miller and Design Within Reach Issue Recall for Dressers and Cabinets due to Tip-Over and Entrapment Risks
Prepac Recalls 4-Drawer Chests due to Tip-Over and Entrapment Risks
Hodedah Recalls HI4DR 4-Drawer Chests – Tip-Over and Entrapment Risk to Children
