Kobalt Cordless Electric Chainsaws Recall Class Action Lawsuit

On September 23, 2020, Hongkong Sun Rise Trading issued a recall for their Kobalt brand 40-volt Lithium Ion Cordless Electric Chainsaws. According to the recall, number 20-191, the chainsaw can remain in the “on” position, which represents a laceration risk to consumers. The recall has affected approximately 150,000 units in the U.S.

The recall strictly involves the Kobalt 40-volt lithium ion 12-inch cordless electric chainsaws. The affected models are listed below:

• Kobalt 40-volt Lithium-Ion 12-in Cordless Electric Chainsaw (Battery Included)
  • Model # KCS 120-07
  • UPC: 84182102474-1
• Kobalt 40-volt Lithium-Ion 12-in Cordless Electric Chainsaw (Battery Not Included)
  • Model # KCS 120
  • UPC: 84182101749-1

The affected chainsaws are associated with date codes 11/01/13 to 03/31/20. Both the date codes and the model numbers are printed on the label that is on the rear handle. The UPC can be found on the product box. The recalled Kobalt chainsaws are blue and black in color.

The defective chainsaws were manufactured in China and sold exclusively at Lowe’s Stores throughout the country (both in-store and online). The chainsaws were available from January 2014 through March 2020 for approximately $200 each.

According to the company, there have been 48 reports of the switch contacts welding resulting in the chainsaw remaining in the “on” position. Allegedly no injuries have been reported.

The company is urging consumers affected by the recall to stop using the chainsaws and contact them for a free repair.

However, if either you or a member of your family suffered harm as a direct result of the defective product, getting a free repair is the least of your concerns. Rather, you might be interested in whether you could pursue a claim against the negligent company. Based on the details surrounding the incident and the harm that you or a member of your family suffered, you might have grounds to file a product liability claim. If you are interested in exploring the legal options available to you, do not hesitate to seek legal assistance as soon as possible.

To learn more about your right to sue, you should discuss your claim with the experts at our firm as soon as possible. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of personal injury claims – including defective product claims. If you would like to discuss the possibility of pursuing a claim with the defective product attorneys at our firm, do not hesitate to contact the experts at our firm today.

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The Risk Associated with the Defective Chainsaw

As explained above, the recalled chainsaw can remain in the “on” position; it represents a significant laceration risk to consumers. Chainsaw accidents are easily some of the more devastating accidents that victims could suffer. Chainsaw accidents, in addition to lacerations, can result in other injuries, including but not limited to some of the following: nerve injuries; muscle injuries; ligament injuries; severed fingers; severed limbs. If a laceration affects a major vein, extreme blood loss could occur, which can result in additional consequences. Regardless of the harm that you or a member of your family suffered due to the defective chainsaw, you must remain aware of your rights as a consumer and the possibility of holding the negligent company accountable.

Understanding Product Liability

To understand your right to sue, you must have a thorough understanding of the concept of product liability. Consider the following points:

• Companies owe their consumers a duty of care. Specifically, companies have the duty to ensure that their products are safe for their consumers to use. They must test and inspect their products prior to making them available to consumers.
• Companies can breach their duty of care towards consumers. Companies can fail to test and inspect products as well as fail to identify and address the defects present in their products. They release products that are unsafe.
• Companies can directly cause incidents. The breached duty of care and the release of unsafe products can directly result in incidents (such as the chainsaw staying in the “on” position.
• Companies can contribute to harm. The incidents resulting from the breached duty of care can directly result in harm to consumers. Harm could have been avoided if the product had been safe for consumers to use.

When the harm that a consumer suffers is associated to a breached duty of care (including product defects in manufacturing, design, and labeling), the company could be accountable based on product liability. In other words, consumers who are harmed by defective products could file product liability claims.

You Could Be Entitled to Compensation

If you file a product liability claim against Hongkong Sun Rise Trading or any other negligent company, you could be eligible to recover monetary compensation. Although every defective product claim is different, you could be eligible to recover compensation for some of the following:

• Medical expenses
• Lost earnings
• Pain and suffering
• Property damage
• Funeral and burial expenses
• Loss of consortium
• Punitive damages

Are you interested in learning more about the type and amount of compensation that you could receive for your product liability claim? If so, you should seek legal assistance immediately – as the compensation that you could receive is strictly based on the details surrounding your claim. When you allow the defective product experts at our firm to handle your claim, you can trust that our lawyers will not rest until you are rightfully compensated. Although we know that money cannot reverse the harm suffered, recovering a fair amount of compensation can significantly help you and your entire family can move forward from such a traumatic event. Contact us today to learn more about what you could recover.

What Should Affected Consumers Do?

If you or a member your family suffered harm because of a defective product, there are a number of things that you should do to prepare to hold the company accountable for their negligent actions. Consider some of the recommendations listed below:

• Seek medical care as soon as possible
• Take photos of all injuries
• Take photos of the defective product
• Put the product in a safe place (do not tamper with it in any way)
• Contact the company
  • Report the incident and the harm suffered
  • Do not agree to a free replacement
  • Do not agree to a free repair
  • Do not agree to refund
  • Do not agree to return the product to the company
  • Do not agree to dispose of the defective product
• Speak to witnesses (gather their contact information)
• Gather any video footage that captured the incident (if available)
• Collect all medical records associated with the incident
• Collect any records of property damage
• Collect any records of lost earnings
• Collect all records associated with the purchase of the defective product
• Seek the expertise of a product liability lawyer immediately to begin the case against the negligent company

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 Deadline Set by the Statute of Limitations

Your claim is time-sensitive; therefore, if you are interested in pursuing a product liability claim, you must file your claim quickly, within the statute of limitations. The statute of limitations determines the specific length of time that claimants have to sue. If claimants do not file their claims on time; they could lose their right to pursue take legal action. How long do you have to sue? In California, product liability claims are normally subject to a two-year deadline (meaning that claimants have two years to file their claims). However, it is possible for exceptions to apply – exceptions which could ultimately pause the deadline for some time. To ensure that you have the information necessary to file your claim on time, contact our firm today.

The Lawyers at Normandie Law Firm Can Help!

Did you or a member of your family suffer harm due to the defective Kobalt Cordless Electric Chainsaws that were recently recalled? If so, you might have grounds to sue. If you are interested in learning more about your right to pursue a product liability claim after an incident with a defective product, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. At Normandie Law Firm, our lawyers have many years of experience handling defective product claims and helping victims (and their families) recover the compensation to which they are entitled. If you are interested in discussing your claim with the experts at our firm, contact us at your earliest convenience – you can trust that our lawyers are ready to provide you with the guidance that you need to reach a successful claim outcome.

At our firm, we offer free legal services. Our free legal services include both free consultations and free second opinions. During these free legal services, our experienced product liability lawyers will be available to provide you with the information necessary to start or continue your claim. Our lawyers will be available to answer any of your questions and address all your concerns. If you are interested in benefiting from the free legal services that we offer, contact us today.

We offer a Zero-Fee guarantee which ensures that our clients are not required to pay for any upfront legal expenses. Additionally, our firm is based on a contingency structure, meaning that our clients will not have to pay unless they win. If you do not win, you will not be responsible for covering any fees.

Are you interested in speaking with the product liability experts at our firm? If so, contact our firm at your earliest convenience. We are available 24/7 to provide you with the guidance that you need.

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