Lawyer to File Lawsuit for Malfunctioning Kiddie Fire Extinguishers
Name of Product: Kiddie Fire Extinguishers with plastic handles
Hazard: This recalled fire extinguisher can become clogged or require excessive force for the user to discharge the containing fire retardant; resulting in a failure to activate during a fire emergency. It should also be noted that the nozzle can detach with enough force and pose a impact hazard
Remedy: Replace
Recall Date: November 2nd, 2017
Recall Number: 18-022
Description: This is a recall of two styles of Kiddie fire extinguishers, those being the plastic handle fire extinguishers and the push-button Pindicator fire extinguishers.
Plastic Handle Fire Extinguishers: Plastic handle fire extinguishers manufactured between January 1st, 1973 and August 15th, 2017. The models were previously recalled in March 2009 and February 2015 and were sold in red, white, and silver and were either ABC- or BC- rated. The model number for these extinguishers is printed on the fire extinguisher label. For units purchased in 2007 and on, the manufacturing date is printed on the side of the cylinder, near the bottom, and appears as a 10-digit date code. Digits five through nine represent the day and year of manufacture and are ordered in a DDDYY format. For extinguishers manufactured from January 2, 2012 through August 15, 2017 are 00212 through 22717. For extinguishers manufactured before 2007, there is no manufacture date code printed on the extinguisher.
Push-Button Pindicator Fire Extinguishers: This recall also includes eight models of the Kiddie Pindicator fire extinguishers that were manufactured between August 11, 1995, and September 22, 2017. The no-gauge push-button extinguishers were sold in red and white, and with a red or black nozzle. The Push-Button Pindicator Fire Extinguishers were mostly sold for kitchens and personal watercrafts.
Detailed Remedy: Any consumers of this product should contact the manufacturing company, Kiddie, to request a free replacement fire extinguisher and for instructions on how to return the recalled unit. This should be done immediately as the fire extinguisher may not work properly in the event of a fire.
Incidents/Injuries: CSPC has been made aware of a death in 2014 that involved a car fire following a crash. Emergency responders that arrived on the scene could not get the Kiddie fire extinguishers to work. Since then there have been an estimated 391 reports of failed or limited activation or nozzle detachment, and approximately 16 injuries including smoke inhalation and minor burns. There are also approximately 91 reports of property damage.
Sold At: Menards, Montgomery Ward, Sears, The Home Depot, Walmart and other departments, home and hardware stores across the nation. The product was also sold on Amazon.com, ShopKiddie.com and other online retailers priced between $12 and $50 and for about $200 for the model XL 5MR. These fire extinguishers were also sold with commercial trucks, recreational vehicles, personal watercraft, and boats.
Importer(s): Water Kiddie Portable Equipment Company Inch, of Mebane N.C.
Manufactured In: United States and Mexico
Units: An estimated 37.8 million were sold in the United States and approximately 2.7 million were sold in Canada.
How to File A Lawsuit & The Damages These Fire Extinguishers Can Cause
Fire extinguishers play a vital role in protecting victims from the damages caused by fires, and as such should be expected to work accordingly. If you or a loved one suffered injury as a result of the recalled Kiddie Fire Extinguishers, you might be eligible to file a lawsuit against the manufacturing company to receive compensation for the damages suffered. In filing a lawsuit against a manufacturing company it, is highly recommended that you seek adequate legal representation to guide you through the process of collecting evidence, following the legal guidelines, and fighting for you and your case in court.
When filing a lawsuit against a manufacturing company it is important that you can adequately place liability on the company responsible. In regards to the Kiddie Fire Extinguishers and other complicated products, there may or may not be any number of manufacturing companies responsible for the defect that resulted in your damages. These defects can arise at any point along the production line of a product, and adequately identifying where the defect occurred can make the difference in a successful case and having your case dismissed from court. Listed below are the three common areas that manufacturing errors occur, and the implications of these defects:
- Design Defects: These are the defects that can occur before the product is sent to the assembly line. The defects that occur in this stage of production are faults that make the product inherently dangerous. In most cases, these defects can lead to full-scale product recalls, and the company which organized the design of the product could be held liable for the damages.
- Manufacturing Defects: These defects typically occur on the assembly line of the product. They can range from minor mistakes along the manufacturing chain to reoccurring mistakes that can result in wide-spread recalls. In these instances, the manufacturing company could be deemed responsible for the damages.
- Marketing Defects: These defects occur during the marketing of a specific product. These defects include things like improper labeling, insufficient instructions, or inadequate safety warnings.
As well as being able to place liability sufficiently you must be able to prove that the manufacturer’s actions directly resulted in the damages that you suffered. Under product liability law, manufacturers and other companies are expected to provide their consumers with reasonably safe and non-defective products. This law also ensures that if a defective product does get into the hands of consumers, said the consumer has every right to pursue legal action against that manufacturing company. To successfully file any personal injury lawsuit you must be able to show that the defendant, in this case, the Kiddie Fire Extinguisher manufacturers’ actions directly resulted in the damages that you suffered. Listed below are the key components to any successful claim of negligence:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (manufacturing company) owed a legal duty to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
The last major part of being able to file a lawsuit against the manufacturing company is identifying the damages that you suffered as a result of the product defect. Regarding the Kiddie Fire Extinguisher, any number of injuries can be caused by the product’s error. One of the most damaging injuries the Kiddie Fire Extinguisher’s defect could lead to are burn injuries. Burn injuries are typically caused by adverse exposure to an overwhelming thermal source. However, they can also be caused by exposure to electric currents, harsh chemicals, and even radiation. Burn injuries are especially damaging as in their more severe cases can result in life-threatening wounds that can be incredibly difficult to treat. Burn injuries are categorized into four different degrees and are separated by their severity. Listed below are the four degrees of burn injuries, and what damages these injuries are likely to cause you or your loved ones:
- First-Degree Burns: Typically the mildest, first-degree burns can be often treated with a bit of cold water and burn cream. They often only involve damage of the first layer of skin and are characterized by a slight reddening of the skin. In some, more severe cases, however, it is wise to seek medical treatment for the burn to heal properly.
- Second-Degree Burns: Second-Degree burns involve damage to the upper layer of skin, as well as the layer of skin beneath. These type of burns cause the skin to blister and become red and sore. Blisters can pop open, giving the burn a wet and glossy appearance. It is essential to keep the area clean and appropriately bandaged to prevent infection. Most second-degree burns heal within two to three weeks, and in more severe cases may require medical attention.
- Third-Degree Burns: Often referred to as a full thickness burn, this form of burn destroys the outer and inner layer of skin. Third-degree burns are characterized by a charring and browning of the skin. If you experience a third degree burn medical attention should be sought immediately.
- Fourth-Degree Burns: Fourth-degree burns damage not just the outer and inner layer of skin but also damage deeper tissues like the muscle, tendons, and even bone. These burns are characterized by a black appearance, and in some cases result in a removal of the affected region of the body. Treatment of this burn varies on the severity and location, but all fourth-degree burns should be followed with intensive and immediate medical care.
The damages caused by the defective Kiddie fire extinguisher should not be taken on alone. While every individual has a right to represent themselves in court, there is no guarantee that you will receive adequate compensation for your damages without the help of an experienced legal consultation. Having the right attorney on your side has been proven to make the difference between filing a claim for significant monetary compensation and having your case dismissed from court altogether.
How Normandie Law Firm Can Help
If you or a loved one have experienced personal injury as a result of the defective Kiddie Fire Extinguishers, you may be eligible to file a claim for significant monetary compensation. However, in pursuing compensation, it is best to seek the assistance of a skilled attorney, as large manufacturing companies more than likely have the resources to employ their team of expert lawyers to dispute your claims. At Normandie Law Firm our skilled attorneys can guide you through the process of building your case, filing your claim, and collecting compensation for your damages. Those who file a claim with our law firm can find some if not all of the following damages compensable to them:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of this recall or recalls similar to this one can contact our law offices to learn more about how to receive compensation for their injuries. Our team of product liability attorneys is committed to ensuring that our clients receive proper representation for their claims. As a display of our commitment, every one of our clients will receive the benefits of our zero fee guarantee policy. Under this zero fee policy, all you don’t pay for our services until we follow through with our promise and win your case. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. So, give us a call, and let us fight your case, so you don’t have to.
OUR ATTORNEYS WILL HELP YOU RECOVER THE DAMAGES FOR YOUR BURN INJURY
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