On December 20, 2019, Bosch Thermotechnology issued a recall for their Buderus GB125-35 oil-condensing boilers. According to the recall (recall number 20-046), the siphon can become blocked, leading to a delayed ignition that can damage the boiler’s exhaust system; this creates a carbon monoxide hazard. According to the recall, approximately 170 units have been affected by the recall.
The recall specifically involves the Buderus brand GB125-35 oil-condensing boilers that were distributed by Bosch. The affected oil-condensing boilers have a blue enclosure. The model number (Gb125-35) can be found on the data plate located new near the top right side of the boiler. The brand name (Buderus) can be found on the outside of the blue enclosure. The company name (Bosch Thermotechnology) as well as the model number can be found on a white label on the blue enclosure.
The defective oil-condensing boilers were available from wholesale distributors and installed by independent contractors around the country from June 2008 to September 2012; the boilers were sold for approximately $6,000 each.
According to the recall, there have been no incidents or injuries reported.
The company is urging consumers to immediately contact them for a free repair. The company recommends that all consumers who continue using the defective boilers while waiting for a repair have functional carbon monoxide alarms outside all sleeping areas in the home.
Should you follow the recommendations made by the company via the recall? Only those who have been completely unaffected by the recall consider following those suggestions. If you or a member of your family were harmed as a direct result of the defective product, however, you should not follow the suggestion of the company – agreeing to a free repair could destroy your primary piece of evidence.
If you or your family were harmed by a defective product in any way, you should explore the possibility of filing a claim against the company that negligently made the defective product available to the public. If you would like to learn more about filing a claim for the harm caused by a defective product, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience.
The attorneys at Normandie Law Firm have many years of experience handling all sorts of claims, including product liability claims. Our defective product attorneys are ready to evaluate your claim and help you gain a thorough understanding of your right to file a claim for the harm that you or a member of your family suffered. If you would like to discuss your claim with the experts at our law firm, do not hesitate to seek legal assistance with our product liability lawyers at your earliest convenience.
Understanding the Hazard
According to the recall, the boiler’s siphon can become blocked, leading to a delayed ignition. This can damage the boiler’s exhaust system and create a carbon monoxide risk. What is carbon monoxide and why is even the risk of carbon monoxide so serious? Carbon monoxide is a colorless and odorless gas that is formed by incomplete combustion; carbon monoxide is toxic. Carbon monoxide occurs naturally; however, it only poses a danger to humans when it is released by household appliances (boilers, stoves, dryers, etc.) in confined spaces. High levels of carbon monoxide could lead to carbon monoxide poisoning.
Carbon monoxide poisoning is very dangerous and, unfortunately, very common. Carbon monoxide poisoning could cause a number of symptoms, including but not limited to confusion, vomiting, chest pain, upset stomach, dizziness, weakness, and headaches, for example. Exposure to carbon monoxide could cause unsuspecting parties to lose consciousness. Carbon monoxide poisoning is even more dangerous when victims pass out or are asleep – it can quickly become fatal. Those who survive carbon monoxide poisoning, are likely to experience a number of long-term effects; some long-term effects of carbon monoxide poisoning could include changes in intellectual capacities, emotional instability, and reduced memory, for example.
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Liability for the Harm Caused by the Defective Product
Who is liable for the harm caused by a defective product? Could you take any action against Bosch Thermotechnology if the harm that you or a member of your family suffered was a direct result of a product defect? All companies owe their consumers a duty of care. This means that Bosch Thermotechnology owes their consumers a duty of care. The company had the duty to ensure that their boilers were completely safe for consumer use. Typically, companies must subject their products to tests and inspections to ensure their safety. These tests and inspections allow companies to identify hazards present in their products and address them before any consumers are harmed.
When companies fail to identify and address the different hazards present in their products, they are breaching their duty of care towards their consumers and essentially putting consumers at risk of being harmed. Defective products are representative of breached duties of care. When a breached duty of care causes an incident (e.g. exposure to carbon monoxide) that leads to harm (e.g. carbon monoxide poisoning), the company could be held accountable for all the harm suffered.
What does this mean? If a company breaches their duty of care towards their consumers and negligently makes a defective product available for purchase, the company could be liable. Affected consumers might have grounds to take legal action against the company. Could you sue Bosch Thermotechnology for the harm that you suffered because of their defective boiler? Depending on the details surrounding the product defect and the harm that you suffered, you could be eligible to file a claim.
If you would like to learn more about the possibility of filing a defective product claim against Bosch Thermotechnology for the carbon monoxide poisoning that you or a member of your family suffered, do not hesitate to contact the experts at our law firm at your earliest convenience.
What Should You Do?
If you or a member of your family were harmed by a defective product, there are a number of things that you should do to preserve your right to pursue a claim. As briefly mentioned above, the consumers who follow the recommendations of the recall (agreeing to a repair, for example) are essentially destroying their main piece of evidence. Instead of following the company’s recommendations, affected consumers should do the following:
- Stop using the defective product
- Seek medical attention immediately for confirmation of carbon monoxide poisoning (keep all records and follow all treatment recommendations)
- Keep the defective product as-is (do not try to repair the product yourself)
- Contact the company to report the defect and the harm suffered
- Do not agree to a free repair
- Do not agree to a refund
- Do not agree to a replacement
- Do not agree to return the product to the company
- Gather all receipts (purchase records, installation receipts, etc.)
- Gather all relevant medical records
- Seek legal assistance immediately
By following the different steps listed above, you are essentially preparing to file your claim. If you are ever confused about what you should do next, do not hesitate to simply seek legal assistance for the necessary guidance. If you would like to learn more about the steps that you should follow after you or a member of your family were harmed because of a defective product, do not hesitate to contact the experts at our firm at your earliest convenience.
You Could Recover Compensation
In general, the parties affected by defective products are eligible to recover monetary compensation for the harm that they suffered. Although monetary compensation cannot reverse any of the harm caused by a defective product, recovering compensation can help you and your family move forward from such a traumatic time in your life. The amount of compensation that you are eligible to recover will always depend on the details of your claim.
You could recover some of the following types of compensation:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
If you would like to learn more about the type and amount of compensation that you are eligible to receive, do not hesitate to seek legal assistance from the experts at our firm at your earliest convenience. The lawyers at our firm are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Our lawyers will negotiate a settlement or take your claim to trial; they will do whatever it takes to ensure that you are rightfully compensated. If you are ready to learn more about the type and amount of compensation that you could be eligible to receive, do not hesitate to contact our law firm at your earliest convenience.
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.
File Your Claim within the Statute of Limitations
Although you have the right to sue Bosch Thermotechnology for the harm that you suffered in association with their defective boilers, you could – unfortunately – lose your right to sue if you fail to file your claim within an appropriate length of time. All claims are subject to a statute of limitations – or a deadline to sue. A statute of limitations determines the length of time that claimants have to file their claims.
Product liability claims in California are generally subject to a two-year statute of limitations. This means that claimants will only have two years to file their claims. However, certain exceptions could apply. If any exceptions apply to the statute of limitations, the deadline could be tolled or paused – essentially affecting the time available to sue. Applicable exceptions are strictly based on the details of the claim.
What happens of the claimant fails to file a claim within the time allowed by the statute of limitations? If claims are not filed on time, victims and their families will lose their right to sue – along with their right to recover any sort of monetary compensation for the harm that they suffered.
If you would like to learn more about the length of time that you have to file your claim (and about any exceptions that might apply to your claim), do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our lawyers will ensure that you have a thorough understanding of the deadline that applies to your claim.
Contact Normandie Law Firm Today
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. At our firm, we are dedicated to ensuring that all parties have access to the legal services that they need; because of that, we offer free legal services.
Our free legal services include free consultations as well as free second opinions. During these free legal services, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to pursue a claim against the liable company. It doesn’t matter whether you are starting or continuing your claim; you can trust that our experts are ready to provide you with the guidance that you need. If you are ready to benefit from our free legal services, do not hesitate to contact our firm immediately.
Our firm offers a Zero-Fee guarantee that ensures that our clients will never be required to pay any upfront legal fees. Our firm is also strictly based on contingency; therefore, our clients will never be required to pay anything until after reaching a successful claim outcome. If you are ready to discuss your claim with our attorneys, do not hesitate to contact our firm today.
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