On February 19, 2020, Contigo issued a recall for their Kids Cleanable Water Bottles. According to the recall, number 20-074 – the clear silicone spout on the water bottles can detach, posing a significant choking risk to children. According to the recall, approximately 5.7 million water bottles in the U.S. are affected by the recall; the recall also includes approximately 157,000 bottles sold in Canada and 28,000 sold in Mexico.
The recall specifically involves the Contigo Kids Cleanable water bottles and replacement lids given to consumers as part of a prior recall (issued in August 2019). The base and cover of the clear silicone spout is black (only the bottles with black-colored bases and covers are included in the recall).
Contigo is printed on the rim as well as along the front near the bottom of the bottle. The affected water bottles come in three sizes: 13 ounce, 14 ounce, and 20 ounce. The bottles affected by the recall were available in four styles – solid color, graphics, stainless steel, and stainless-steel solid colors.
The water bottles were sold both individual and in two- and three-packs from April 2018 to February 7, 2020 for prices ranging from $9 to $24. The water bottles were available at Target, Costco, and Walmart, as well as other stores nationwide; the bottles were also available online via many websites.
According to the recall, Contigo has received da total of 427 reports of the spout detaching; there have also been 27 reports of spouts being found in children’s mouths.
Contigo is urging affected consumers to stop using the water bottles as well as any replacement lids provided after the previous recall, take the products away from children, and contact them for a free water bottle. All consumers who received replacement lids after the previous recall could also get free bottles.
Are you considering contacting Contigo for a free water bottle? Although doing so might seem like the most convenient option available, you should never even consider it if your young child suffered harm because of the defective water bottle. If your child choked because of the defective product, you should seek legal assistance immediately rather than agreeing to a free water bottle.
Depending on the details surrounding your situation and the harm that your child suffered, you might have grounds to pursue a claim. Specifically, you might have grounds to file a product liability claim. If you would like to learn more about your right to file a product liability claim for the harm that your child suffered because of a defective product, do not hesitate to seek legal assistance with the experts at our law firm immediately.
At Normandie Law Firm, our attorneys have many years of experience handling all types of claims, including product liability claims. Our product liability lawyers understand the significant harm that defective products can cause; therefore, we are dedicated to holding liable companies accountable for their negligent actions. Our lawyers are ready to evaluate your claim and provide you with the legal assistance that you need to file your claim. If you are ready to speak with our attorneys, do not hesitate to contact our firm today.
The Danger of the Choking Hazard
According to the recall, the water bottles’ silicone spout can detach and pose a choking risk to young children. As parents or caretakers to young children, many of us simply trust that the products that are strictly designed for the use of children are completely safe for their use. However, these products are not always safe. When a small part, such as a water bottle’s silicone spout detaches, it could be swallowed and block the airways. The blockage can quickly lead to oxygen deprivation, which can lead to unconsciousness, brain damage, as well as death. Only an immediate response from parents or caretakers could address the choking and potentially save the child’s life; however, even if the child survives, it is possible that he or she suffers long-term consequences.
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About Product Liability
Could you sue Contigo for the harm that your child suffered? Depending on the details surrounding your claim as well as the details surrounding the defective product, you could take legal action. Your right to pursue a claim against Contigo or any other company that negligently made a defective product available to you is based on product liability.
Based on product liability, all companies owe their consumers a duty of care. They have the duty to ensure that all their products are completely safe for consumers to use. This means that they must take the appropriate action necessary to ensure the safety of their products; they must test and inspect their products to be able to identify and address any of the hazards present. Failure to identify and address the hazards present in their products represents a breached duty of care.
Unfortunately, a breached duty of care could directly lead to an incident, which could cause harm. Let’s consider the defective Contigo water bottles. The company released the products even though they were defective. Specifically, a defect in design or manufacturing can cause the silicone spout to detach. Children are supposed to drink from the silicone spout; therefore, a detached spout poses a risk of choking. If the spout detaches and causes a child to choke, the company could be liable for all the harm suffered; after all, the harm wouldn’t have occurred if the company had ensured that the product was completely safe for use.
If you would like to learn more about product liability and how it could affect your right to sue, do not hesitate to contact our law firm today.
Can You Sue?
As explained above, companies could be held liable for the harm that their consumers suffer due to product liability. What does this mean? If you or your child were harmed by a defective product, you could file a claim against the company and hold them accountable for the harm that you or your child suffered. For more information about your right to sue, do not hesitate to contact our law firm at your earliest convenience. Our lawyers are ready to guide you throughout the entire legal process.
What Should You Do?
If your child was harmed by a defective product, there are a number of things that you should do. Consider the following points:
- Seek medical care as soon as possible
- Stop using the defective product
- Take photos of the defective product
- Store the defective product in a safe place, away from the reach of children
- Take photos of any visible physical harm (i.e. discoloration of the skin due to choking, etc.)
- Do not tamper with the defective product in any way (do not try to repair it yourself)
- Contact the company to report the incident
- Do not agree to a refund
- Do not agree to a free replacement
- Do not agree to a free repair
- Do not agree to return the defective product to the company
- Gather all medical records associated with the harm caused by the defective product
- Gather all purchase records associated with the defective product
- Seek legal assistance immediately
For more information regarding the importance of following these steps, do not hesitate to contact our firm immediately.
Can You Recover Monetary Compensation?
Depending on the details surrounding your product liability claim, you might be eligible to recover monetary compensation. Without a doubt, the recovery of monetary compensation will never reverse the harm caused by the defective product; however, it can significantly help you and your entire family more forward after such a traumatic experience.
What could you be eligible to recover? Depending on the details surrounding your product liability claim, you might be eligible to recover monetary compensation for at least some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
If you are interested in learning more about the type and amount of compensation that you could be eligible to receive if your claim is successful, do not hesitate to contact our experts today. Our attorneys are ready to aggressively negotiate your right to recover the compensation that you deserve. Whether we have to negotiate a settlement or take your claim to trial, you can be sure that our experts will not rest until you receive the compensation that you are owed. Do not hesitate to contact our experts today for more information about the compensation that you could possibly recover.
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.
Filing Your Claim on Time
If your child was harmed because of a defective product, you might have grounds to sue. However, it is important that you are aware that you could – unfortunately – lose your right to sue if you fail to pursue your claim within the appropriate length of time. This is because all claims, including product liability claims, are subject to strict deadlines established by a statute of limitations. A statute of limitations determines the specific length of time that claimants have to pursue their claims; if claims are not filed on time, claimants will lose their right to sue.
What deadline applies to your claim? In California, product liability claims are typically subject to a two-year statute; this means that claimants only have two years to pursue their claims. However, it is important to note that exceptions could apply – especially in cases involving kids. If a child is injured (but survives the incident), parents could sue within two years. However, the injured child could actually pursue the claim independently once he or she is a legal adult. If parents took no legal action, the applicable statute of limitations (of two years) will only start running after the victim is a legal adult.
To ensure that you have a thorough understanding of the total length of time that you have to pursue your claim, do not hesitate to contact our law firm at your earliest convenience. Our product liability experts are ready to help you gain a thorough understanding of the time that you have to file your defective product claim.
Contact Normandie Law Firm Today
If your child was harmed after suffering harm because of a defective product, you might have grounds to file a product liability claim against the company that negligently made the product available to consumers. If your child was harmed because of the defective water bottles made available by Contigo, you might have grounds to file a lawsuit against Contigo – in fact, you might even have grounds to recover monetary compensation. For more information about your right to pursue legal action after your child was harmed by a defective product, do not hesitate to seek legal assistance immediately.
If you are in need of legal assistance, you can trust the experts at Normandie Law Firm. Normandie Law Firm is a personal injury law firm that has successfully handled many claims – always representing the best interests of affected parties. Our product liability lawyers are committed to helping consumers hold liable companies accountable for their actions. Our defective product attorneys are ready to evaluate your claim and provide you with all the guidance that you need to sue for the harm that your child suffered.
At Normandie Law Firm, we offer free legal services to ensure that all affected parties have access to the representation they need to pursue their claims and reach successful outcomes. Our free legal services include free consultations and free second opinions. During these free legal services, our experts will be available to answer all your questions, address all your concerns, and provide you with every bit of information necessary to pursue or continue your claim against Contigo or any other company that negligently contributed to the harm that you suffered. If you are ready to benefit from our free legal services, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience.
Our firm also 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 a contingency structure; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome – if you do not win, you will not be required to pay any legal fees.
To discuss your claim with the product liability experts at our firm, do not hesitate to seek legal assistance as soon as possible. Our defective product attorneys are ready to provide you with the guidance that you need. Contact us today.
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