On September 23, 2020, Hongkong Sun Rise Trading issued a recall for the Kobalt brand 40-volt Lithium Ion 8-inch Cordless Electric Pole Saws, which were exclusively available at Lowe’s stores nationwide. According to the recall, number 20-192, the switch on the affected pole saws can fail while under a heavy load; the failure can cause the unit to continue running even after the user has released the trigger. This results in a significant risk of laceration to consumers. The recall has affected approximately 106,400 units.
The recall specifically includes the Kobalt brand 40-volt Lithium Ion 8-inch Cordless Electric Pole saws that were manufactured from January 2017 through February 2019 (with date codes 01/01/17 to 02/28/19).
The following item numbers are included in the recall:
- Item # 796791 (Kobalt 49v 2.5AH Pole Saw)
- Item # 1083769 (Kobalt 40v Pole Saw Bare Tool)
- Item # 970801 (40v Pole Hedge Saw Combo Kit)
- Item # 812419 (SOS Kobalt 40v Pole Saw)
- Item # 812424 (SOS Kobalt 40v Pole Saw Tool Only)
Both the item number and the date code can be found printed on the side of the pole saw guide bar near the oil cap. On the side of the units, Kobalt is printed.
The recalled pole saws were manufactured in China and sold exclusively at Lowe’s Stores around the country as well as online (via Lowes.com); the pole saws were available for purchase from March 2017 through October 2019 for approximately $180 each.
According to the recall, the company has received at least 65 reports of the pole saws continuing to run even after the trigger has been released. However, allegedly no injuries have been reported.
The company is urging all affected consumers to immediately stop using the recalled pole saws and contact them for a free repair.
Should you follow this recommendation? Should you agree to a free repair? Based on the details surrounding your specific situation, you should not follow the recommendations made by the company. More specifically, if the defective product directly contributed to the harm that you or a member of your family suffered, you might have grounds to sue the company that made the defective product available. That is, you might be eligible to file a product liability claim. If you are interested in learning more about your right to sue, you should seek legal assistance as soon as possible.
You can trust the experts at Normandie Law Firm to provide you with the guidance that you need to reach a successful claim outcome. Our lawyers have many years of experience handling all sorts of claims, always fighting for the rights of victims who have been harmed by the negligence of parties or entities. If you or a member of your family suffered harm associated with a defective product, you can trust that our product liability lawyers are ready to provide you with the representation that you need to hold Hongkong Sun Rise Trading or any company accountable for the harm caused by their products. If you are ready to discuss your current situation with the experts at our firm, contact us today.
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The Risk of Lacerations due to the Defective Pole Saw
As explained above, the defect present in the recalled pole saws can cause it to continue running even after the trigger has been released. When consumers release the trigger, they expect the pole saw to turn off. When the pole saw stays on, consumers are at risk of suffering significant harm. Without a doubt, lacerations are possible; however, it is also possible for victims to suffer severed fingers, nerve damage, ligament damage, and even broken bones. Incidents can result in significant blood loss, loss of mobility/function, and even dangerous infections. In some cases, incidents can be fatal. Regardless of the specific harm that you or a member of your family suffered, you should explore the legal options available to you.
Product Liability – You Could Sue
Did a defective product directly contribute to the harm that you or a member of your family suffered? If so, you might have grounds to file a product liability claim. Your right to sue is strictly based on the concept of product liability. Based on product liability, all companies owe their consumers a duty of care – a duty to ensure that their products are completely safe for their consumers to use. To confirm that their products are completely safe for consumers to use, companies must test and inspect their products thoroughly; testing and inspecting products allows companies to ensure that there are no defects present in their products.
Although this duty of care is owed to consumers, companies can breach their duty of care – and fail to ensure that their products are safe to be released to consumers. A breached duty of care can contribute to an incident, which can directly result in harm. Based on product liability, companies can be liable for any harm caused by a defective product, given that the incident was associated with a defect in labeling, design, or manufacturing, for example. In other words, affected consumers (and their families) could sue – you could be eligible to pursue a product liability claim.
If you are interested in learning more about your right to sue based on the concept of product liability, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to provide you with the guidance that you need to pursue your claim and fight for your right to be compensated.
You Must Follow These Steps
After you or a member of your family suffered harm associated with a defective product, it is important that you act accordingly – to ensure that you could hold the negligent company accountable for the harm that you or a member of your family suffered. What should you do? Consider the recommendations listed below:
- Seek medical attention for all injuries as soon as possible
- Take photos of the injuries resulting from the incident
- Take photos of the defective product
- Take photos of the scene of the incident
- Stop using the defective product (keep it in a safe place where it will remain as-is)
- Contact the company to report the defect, the incident, and the resulting harm
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to a refund
- Do not agree to return the defective product
- Speak to any witnesses present at the time of the incident
- Gather any video footage that captured the incident (such as home surveillance video)
- Collect medical records
- Collect records of lost wages
- Collect records associated with the purchase of the defective product
- Seek legal assistance with a product liability lawyers at your earliest convenience
You Could Be Financially Compensated
If your product liability claim is successful, you could be eligible to recover compensation. The compensation that you could receive will be based strictly on the details surrounding your claim. Your product liability claim could result in the recovery of some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial expenses
- Loss of consortium
- Punitive damages
- Legal expenses
If you are interested in learning more about the specific type and amount of compensation that you could be eligible to receive if your claim is successful, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Whether your claim settles or goes to trial, you can trust that our product liability lawyers will not rest until you recover the highest amount of compensation available for your claim.
File Your Claim Within the Deadline
All claims are subject to a deadline – or a statute of limitations. A statute of limitations determines the total length of time that claimants have to sue; if claimants do not file their claims within the deadline set by the applicable statute of limitations, they could lose their right to take any legal action. How long do you have to sue? In California, product liability claims are normally subject to a two-year statute of limitations, which gives claimants only two years to sue. It is also possible for exceptions to the statute of limitations to apply, based on the details surrounding the claim. If exceptions apply, the statute of limitations could be paused. To ensure that you have a thorough understanding of the time that you have to pursue your product liability claim for the harm associated with the defective pole saw, contact our firm today.
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 Our Experts Today
At Normandie Law Firm, our lawyers are ready to provide you the guidance that you need to reach a successful claim outcome. Our product liability lawyers will evaluate your claim and provide you with the guidance that you need to sue the negligent company and recover the compensation that you are owed. Would you like to discuss your claim with the experts at our firm? If so, do not hesitate to contact us immediately.
At our firm, we are committed to providing victims with the representation necessary to successfully sue after being harmed by the negligence of parties or entities. To remain accessible to all affected victims, our firm offers free legal services. Our free legal services include free consultations as well as free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer your questions, address your concerns, and essentially provide you with all the information necessary to pursue your claim. If you are ready to discuss your claim with the experts at our firm, contact us today.
We offer a Zero-Fee guarantee which ensures that our clients do not have to pay any upfront legal fees to benefit from our legal services. Our firm is also based on contingency; therefore, our clients will not be responsible to paying anything until after reaching a successful claim outcome. If you do not win, you will not have to pay anything.
Are you ready to speak with our experts after being harmed by the recalled pole saw? If so, contact our firm today.
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