When using a fire extinguisher, you should expect a suitable amount of a fire retardant to deploy and extinguish the fire hazard in question. Many people rely on their fire extinguishers in kitchens, businesses, boats, and even in their own homes. When these products fail, they put the user and everyone else at a significant risk. Unfortunately, there has recently been a widespread recall on several models of Kiddie Fire Extinguishers as a result of a defect in the deployment component. As a result, many have been injured, and at least one person has lost their life due to this tragic failure in the device. If you or a loved one have suffered injury of one of these fire extinguishers you have every right to sue the Kiddie company for the damages. However, many who attempt to file these kinds of lawsuits know where to start, and in turn, are left in the dark as to what steps they should take moving forward. Fortunately, our skilled attorneys with experience in product liability cases at Normandie Law Firm can help guide you through the process of building your case and filing your claim. In this article, we will cover the steps you can take to file your lawsuit, and how the statute of limitations plays a crucial role in the outcome of your case. If you have any questions after reading this article, please feel free to reach out to our top-rated law offices in Los Angeles, California for a free consultation by one of our experienced lawyers.
The Kiddie Fire Extinguisher Recall
Recently the Consumer Product Safety Commission or CSPC has issued a report about a recall made by the Kiddie Fire Extinguisher company. This recall includes 134 different models of Kiddie fire extinguishers; all manufactured between January 1st, 1973 and August 15th, 2017. As well as these models, this recall also includes any of the previously recalled fire extinguishers manufactured between March 2009 and February 2015. These models were sold in variants of solid red, white, and silver and were either ABC- or BC- rated. According to the report, the fire extinguisher model numbers are located on the fire extinguisher label. Any of the fire extinguishers manufactured in 2007 and on will have the manufacturing date printed on the side of the cylinder, near the bottom. This date will appear as a 10-digit code, wherein digits listed five through nine represent the day and year of manufacture and are placed in a DDDYY format. Any extinguishers manufactured from January 2nd, 2012 through August 15th, 2017 are printed as 00212 through 22717. The report also mentioned that any extinguishers manufactured before 2007 will not have a manufacture date code printed on the product.
Also included in this broad recall is the Push-Button Pindicator Fire Extinguishers. Eight models of the Kiddie Pindicator fire extinguisher manufactured between August 11th, 1995 and September 22nd, 2017 may have been manufactured with this dangerous defect. These models were made in red and white and were mostly sold for kitchens and personal marine vehicles.
Consumers of this product are instructed to contact the Kiddie manufacturing company immediately to receive a new fire extinguisher to replace the defective one. Kiddie has recommended that this is done as soon as possible as if a fire breaks out in your home or place of business, this defective fire extinguisher could result in some truly devastating burn and smoke inhalation injuries. The CSPC has received 391 reports of a failed or limited activation of the Kiddie fire extinguisher. One of these reports, in 2014 resulted in the death of an individual after emergency responders couldn’t put out a car fire with their Kiddie fire extinguishers. Also in these reports are at roughly 16 incidents involving injury and 91 incidents where property was damaged.
If you or a loved one have been injured as a result of one of these defective fire extinguishers, you have every right to sue Kiddie for the damages. Whether you owned the fire extinguisher or not, the Kiddie manufacturing company is expected to provide safe and operable fire emergency products, and when these products fail and cause damages, Kiddie should be held liable for the damages. Unfortunately, many victims of these malfunctioning fire extinguishers are left in the dark in regards to what their legal rights are, and what kind of suit they can file. Therefore, it is important to consult with a qualified attorney with expertise in product liability injury lawsuits.
The Process of Filing A Lawsuit
Victims of product defects like this one have the option of either filing a personal injury or class action lawsuit. With the help of a class action or personal injury lawsuit attorney, these victims can seek compensation for damages like medical expenses, a loss of wages, pain, and suffering, and even the potential loss of future wages.
In cases of this nature, it is more than likely that victims who experienced minimal damages will file or join a class action lawsuit. Class action lawsuits are usually filed by a group of individuals who have all received similar damages by the same action, or in this case product. Listed below are some of the requirements to file a class action lawsuit:
- There must be a large number of possible claimants, which it is impracticable to group them all as named plaintiffs into one lawsuit.
- Across all cases there must be a common question of law, meaning there must be the same flaw or wrongdoing in all cases.
- The plaintiffs have the same claims as others in the class action lawsuit, and any argument the defendant might raise would be the same or similar.
- The representatives of the suit must provide fair and adequate protection for the class.
Class action lawsuits offer plenty of benefits to plaintiffs. Often when field against large manufacturing companies, they increase the odds that they’ll reach a suitable settlement. Plaintiffs also share the legal fees, lessening the financial burden of filing a suit. However, if a plaintiff is hoping to receive compensation to cover things like medical bills or a loss of wages, it is unlikely that they will receive the settlement they desire. This is because in class action lawsuits the settlement payout is distributed to all plaintiffs. In this case, a class action lawyer may suggest filing a traditional lawsuit.
A traditional personal injury lawsuit against a manufacturing company like Kiddie can be far more challenging to fight for, but the eventual compensation can better benefit your recovery. In these cases, a traditional product liability lawsuit lawyer would be more of an appropriate fit for your case and will represent you and your case in court.
Regardless, if you’re filing a class action lawsuit or a traditional lawsuit, it is vital that you can place adequate liability upon the responsible party, or in this case, Kiddie. Under product liability law, manufacturing companies are expected to keep defective products out of the hands of consumers. If it is found that a defective product injured a consumer, that consumer has every right to sue for the damages. The process of doing so can be somewhat challenging and will always require adequate evidence to support your claims of liability. This evidence can take the form of photographs detailing the damages left behind by the defective product, video footage detailing the defect, or even medical records that show your damages in further detail. In all suits involving defective products, it is crucial that you place liability effectively. In most cases, products are manufactured by a wide variety of companies, any of which could be found liable for the damages. Accurately placing liability in your case can make the difference between a successful suit and having your case dismissed from court. Listed below are some of the areas wherein a product defect is more likely to occur:
- 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.
Even after you have effectively placed liability, your case could unravel completely if you do not follow the statute of limitations. While an experienced attorney is more than likely going to understand the statute of limitations surrounding your case, it is important that you understand what they are, how they influence your case, and why you should follow them, before bringing your case to court.
The Statute of Limitations for Product Liability Lawsuits
The statute of limitations is defined as the period in which an injured party has to bring their case to court. If the statute of limitations isn’t followed, the injured party could find their case dismissed from court entirely. This ruling on time limits tends to vary between states, which is why it’s important that you seek legal representation from an attorney that is well-versed on the statute of limitations that influence your state. For example, in the state of California, if you are attempting to file a personal injury lawsuit against Kiddie under the basis of product liability, you have two years from the date of the injury to bring your case to court. There are a few exceptions to the statute of limitations governing personal injury cases in California, and it is important that you are made aware of them. These exceptions are listed as follows:
- The Defendant was out of State for a period: While not relevant to this case in particular, if a defendant was absent from the state, the statute of limitations pauses until the defendant returns.
- The plaintiff is a minor: If the injured party is a minor, meaning below the age of 18, the statute of limitations does not run until the said minor turns 18.
- Mental incompetence of the plaintiff: If a plaintiff is judged as mentally incompetent during their injuries or the actions of the defendant, then the statute of limitations are paused throughout this incompetence.
- Death of the plaintiff: If a plaintiff dies before the statute of limitations runs its course, then a lawsuit can still be filed in the statute of limitations period. However, if six or fewer months remaining on the statute of limitations at the time of the plaintiff’s death, then the suit must be filed within six months of the plaintiff’s death.
- Plaintiff’s prison sentence: If a plaintiff is imprisoned, California law dictates that the statute of limitations is tolled until the plaintiff is released, or for two years whichever comes first.
- Plaintiff’s Military Service: If a plaintiff is serving in the military the statute of limitations is automatically tolled for the entire duration of the plaintiff’s service.
As mentioned prior, having an expert attorney who has experience in product liability cases by your side can make a crucial difference in the outcome of your case. While every individual has a right to represent themselves in court, the best way to guarantee an positive outcome for your case is to seek legal representation.
How Normandie Law Firm Can Help
If you or a loved one have suffered burn injury, or smoke inhalation injuries 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 an accomplished attorney with experience handling product liability claims, as large manufacturing and retail 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 defective product or other defective products similar to this one can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based in Los Angeles, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Orange County, Riverside, Fresno, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our top law firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and a lawyer experienced in product liability cases can guide you down the path of receiving proper compensation for your damages.
