On January 9, 2020, Thesaurus Global Marketing issues a recall for their Little Bambino 4 in 1 canopy children’s tricycles. According to the recall, recall number 20-712, the paint of the canopy’s frame and other tricycle components contain high levels of lead – which exceed the federal lead content ban. This creates the risk of young children suffering lead poisoning and developing adverse health issues. Approximately 370 units have been affected by the recall. The Little Bambino 4 in 1 canopy children’s tricycles can be used as push strollers, push tricycles, training tricycles, and classic tricycles. The three-wheeled tricycles were sold in three colors, including red, pink, and blue. The tricycles have an elongated back rest, a black handle, a basket, a canopy, as well as a bell (on the front handle). The Little Bambino logo can be found on the front of the tricycle. The recall specifically involves Model BW204 with the following UPC codes:
- 653981740030
- 653981740092
- 653981740108
- 656857123326
- 656857123333
- 656857123340
(the UPC codes can be located on the product’s packaging).
The tricycles involved in the recall were sold exclusively at Amazon.com at prices ranging from $97 to $130. The tricycles were available from October 2018 to June 2019. According to the recall, there have been no reported incidents or injuries. The company is urging all consumers affected by the recall to stop using the recalled tricycles immediately, remove them from the reach of children, and contact them for a full refund (including shipping costs). Without a doubt, a refund seems to be a quick fix for the problem – probably more so for consumers that were not immediately affected by the recall. But what if you were directly affected by the recall? What if the elevated levels of lead in the recalled tricycles caused your child to develop lead poisoning? What if your child lost his or her life or was left suffering permanent harm because of the lead poisoning caused by the defective tricycle? If you and your child were directly affected by the recalled tricycles, you should not follow the recommendations of the company – instead, you should seek legal assistance and explore the possibility of filing a claim.
You might have grounds to hold Thesaurus Global Marketing accountable for the harm that your child suffered. Specifically, you might have grounds to file a product liability lawsuit. For more information about the possibility of pursuing a product liability claim, you should seek legal assistance with the experts at our law firm as soon as possible.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. We firmly believe that all companies should be held accountable for their harm that their consumers suffer because of the defective products that they negligently make available. If you would like to discuss your claim with our experts and learn more about how you could hold Thesaurus Global Marketing accountable for the harm that your child suffered because of their tricycles with high levels of lead, do not hesitate to contact our firm at your earliest convenience. Our product liability lawyers are ready to provide you with all the information that you need to pursue your claim.
Understanding the Lead Poisoning Risk
Exposure to lead can affect anyone – young or old. However, young children are more likely to suffer adverse effects due to lead exposure; this is due to the fact that young children absorb lead very easily. Exposure to lead can cause lead poisoning, which can cause a number of symptoms. Some of the symptoms that children could suffer because of lead poisoning could include the following:
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- Behavioral issues
- Concentration issues
- Constipation
- Fatigue
- Headaches
- Joint weakness
- Loss of appetite
- Metallic taste in mouth
- Muscle weakness
- Nausea and vomiting
- Pale skin
- Weight loss
- Behavioral issues
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Elevated of lead in the body could result in kidney damage; brain damage is also a possibility. Unfortunately, the children that are affected by lead poisoning the most are the ones who are still too young to express themselves and describe the symptoms that they are experiencing. Because some of the symptoms can easily be associated with normal issues, lead poisoning is often not identified quick enough to prevent permanent damage.
Is Thesaurus Global Marketing Liable?
Is Thesaurus Global Marketing liable for the harm that your child suffered? To understand the answer to this question, you must have a thorough understanding of product liability. Defective products should never be made available for consumers; companies have to ensure that they are not recklessly releasing defective products to the public. However, defective products are constantly available to purchase. Based on product liability, all companies owe their consumers a duty of care. They have the duty to ensure that all their products are safe for consumer use. This means that they must thoroughly test and inspect their products to ensure that they are safe for consumers. This also means that companies have to adhere to all applicable laws (such as the laws surrounding lead in products). Companies must do this, and sometimes more, to ensure that their products are safe for consumers to use.
Unfortunately, however, many companies simply fail to perform their duty of care. Instead, they breach their duty of care. They fail to identify and address the hazards present in their products (and fail to adhere to important laws). In other words, they fail to ensure that their products are completely safe for consumer use. By doing this, companies are essentially putting their consumers at risk of harm. In this case in specific, the company put children at risk of lead poisoning.
What does this mean? The breach of duty can cause an incident which could result in harm. In other words, the failure to adhere to lead-related laws resulted in releasing a product with elevated levels of lead, which could cause lead poisoning and can cause significant harm to children. So, is the company at fault? When a breach of duty directly results in harm, companies could be held liable for all the harm suffered. This means that victims and their families could file product liability claims against the company. For more information about product liability and your right to pursue a claim for the harm that your child suffered, do not hesitate to seek legal assistance with the experts at our firm immediately.
What Should You Do?
Your child suffered harm after being exposed to lead by the recalled tricycles made by Thesaurus Global Marketing – now, what? Depending on the details surrounding the harm that your child suffered, you might have grounds to pursue a claim. To do so, however, you must act promptly and effectively. There are a number of things that you could do to ensure that you can pursue a claim for the harm that your child suffered.
Consider the following recommended steps that you should take:
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- Seek medical care for your child immediately – keep all records of care, diagnoses, and costs
- Take photos of the defective product
- Contact the company to report the harm suffered
- Do not agree to return the defective product
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to a refund
- Do not tamper with the defective product in any way
- Gather all records relevant to the purchase of the defective product
- Seek legal assistance immediately
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Could following these steps really help your claim? Although following these steps does not guarantee the potential outcome of your claim, it could facilitate the process of filing. For more information about pursuing a claim after being harmed by a defective product, do not hesitate to seek legal assistance with the experts at our law firm immediately.
Suing and Recovering Compensation
Without a doubt, you have the right to sue on the basis of product liability. If your claim reaches a successful claim outcome, you could be eligible to recover monetary compensation for the harm that you suffered. How much compensation could you be eligible to receive? What type of compensation could you be eligible to receive?
Depending on the specific details surrounding your claim, you could be eligible to recover monetary compensation for some of the following:
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- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
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There is no amount of monetary compensation that could reverse the harm that your child suffered. However, recovering compensation can help you and the rest of your family move forward from such a traumatic experience. If you would like to learn more about the specific type and amount of monetary compensation that you could be eligible to receive, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. Our lawyers have many years of experience helping victimized consumers hold companies accountable and recover the compensation to which they are entitled. For more information about the compensation that you could be eligible to receive, contact our firm immediately.
Understanding the Time that You Have to Sue
Depending on the details surrounding the harm that your child suffered, you likely have grounds to sue. However, you could – unfortunately – lose your right to sue along with your right to recover any form of compensation if you fail to take legal action within the appropriate length of time. All claims, including product liability claims, are subject to a statute of limitations. A statute of limitations determines the specific length of time that claimants have to file their claims – it establishes the deadline that claimants must adhere to when filing their claim. When claims are not filed within the time allowed by the applicable statute of limitations, claimants will lose their right to file altogether.
What deadline applies to your claim? How long do you have to file your claim against Thesaurus Global Marketing? In California, product liability claims are typically subject to a two-year statute of limitations. This means that claimants only have two years to file their claims. Although the statute of limitations establishes a very strict deadline that claimants must follow, certain exceptions could apply. Specifically, certain details surrounding the claim, such as the age of the injured victim or the victim’s mental capacity, for example, could result in exceptions – these exceptions could affect the total length of time that claimants have to sue.
Because having a thorough understanding of the applicable statute of limitations is so important, we recommend that all parties interested in pursuing any sort of legal action seek legal assistance immediately. For more information about the exact length of time that you have to pursue your claim, do not hesitate to contact our law firm at your earliest convenience. Our lawyers are ready to provide you with all the information that you need to file your claim on time.
Contact Normandie Law Firm Today
When you purchased the tricycle for your child, you likely never expected that it could cause any harm to your child. Unfortunately, parents often unknowingly purchase products that could be harmful to their children. The tricycle is the perfect example. Companies can fail to ensure that their products are safe for consumers; this puts consumers at risk of harm. These companies should be held accountable. If you would like to learn more about the possibility of holding Thesaurus Global Marketing for the harm that your child suffered because of their tricycle, you should seek legal assistance immediately.
You can trust the experts at Normandie Law Firm. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. Our lawyers are ready to handle your claim and provide you with the guidance that you need to pursue a claim against the company that negligently contributed to the harm that you suffered. Would you like our experienced defective product attorneys to handle your claim? If so, you might be interested in our free legal services.
Our firm offers free legal services to remain accessible to all affected parties considering the possibility of pursuing a claim. Specifically, our firm offers free consultations and free second opinions. During our free consultations and free second opinions, our product liability lawyers will be available to answer all your questions, address all your concerns, and give you all the information that you need to either start or continue your claim. If you would like 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 offers a Zero-Fee guarantee that ensures that our clients never have to worry about paying any upfront legal fees. Our law firm is also strictly based on a contingency structure; therefore, our clients will never be required to pay anything until after reaching a successful claim outcome. If you do not recover any sort of compensation, you will not be required to pay anything at all.
For more information about your right to pursue a product liability lawsuit, do not hesitate to seek legal assistance with our experts at your earliest convenience.
