On February 27, 2020, Whalen issued a recall for their Bayside Furnishings Lawler 9-Piece Dining Sets. According to the recall, number 20-719, the dining chairs can break; this poses a fall risk to consumers. Approximately 8,560 units have been affected by the recall.
The recall specifically includes the Lawler 9-Piece Dining Set by Bayside Furnishings, which consists of the dining table and eight chars. The table is gray, measuring 92 inches long (which can be expanded to 110 inches long with a removable leaf). The recalled products are associated with UPC number 764053530869 and model number CSC9PD-R1 (printed on a label sewn under the chair seat). The chairs included with the dining set and included in the recall are ready to assemble chairs upholstered in gray fabric.
The defective products were sold exclusively at Costco stores nationwide as well as online via Costco.com. The defective dining sets were sold from July 2019 to December 2019 for prices ranging from $1,000 to $1,200.
According to Whalen, there have been approximately 178 reports of chairs breaking; however, no injuries have been reported. The company is suggesting that consumers immediately stop using the defective dining chairs and contact them immediately for a full refund (the company is contacting all known purchasers directly).
Without a doubt, the possibly of receiving a full refund might be enticing to many; however, only those who have not been affected by the defective product should consider accepting a refund. On the contrary, if you or a member of your family suffered any type of harm associated with the defective chairs included in the recall of the dining set, you might have grounds to pursue a claim. Specifically, you might have grounds to file a product liability claim.
Instead of accepting a refund from Whalen, you should explore the possibility of taking legal action against the company. If you would like to learn more about the possibility of holding Whalen accountable for the harm that you or a member of your family suffered, do not hesitate to seek legal assistance with the experts at Normandie Law Firm at your earliest convenience. The experts at our law firm are ready to evaluate your claim and guide you towards successfully filing your product liability claim. For more information, contact our experts today.
Understanding the Defect and the Risk to Consumers
As explained in the recall, the affected dining chairs can break, resulting in a fall risk. Anyone sitting on the chairs can fall and suffer a number of injuries. Some possible injuries include the following: back injuries; spinal cord injuries; hip injuries; pelvic injuries; knee injuries; leg injuries; brain injuries. Without a doubt, lacerations, bruises, sprains, and strains are also possible. Depending on the incident and the specific harm suffered, some of the injuries suffered could cause permanent damage. Some injuries might even be fatal. Regardless of the specific harm that you or a member of your family suffered, you might have grounds to take legal action against the liable company.
About Product Liability and Your Right to Sue
Were you or a member of your family harmed as a direct result of a defective product? If you or your family suffered harm associated with the defective dining chairs, you might have grounds to take legal action. Specifically, you might have grounds to file a product liability claim. Could you really file a product liability claim if you or a member of your family suffered harm associated with a defective product?
Depending on the details surrounding the specific incident, you might have grounds to pursue a claim. Specifically, if the incident was caused by a defect in design, labeling, or manufacturing present on a product, you could sue. Your right to sue is based on something called product liability.
Based on product liability, all companies owe their consumers a duty of care. That is, companies have the duty to ensure that their products are all safe for consumers to use. If they fail to ensure the safety of their products, their consumers could be at risk of harm. When companies fail to identify and address the hazards present in their products, they are breaching their duty of care towards their consumers and could directly contribute to harm suffered.
What does this mean? If a company owes a duty of care that is breached, the company could be held accountable. Therefore, based on product liability and the duty of care owed to consumers, companies could be held accountable for the harm that their consumers suffered; companies could be sued.
If you would like to learn more about product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. Our lawyers are ready to evaluate your claim and provide you with all the information that you might need to take action after being harmed by a defective product.
Could You Sue and Recover Compensation?
Depending on the details surrounding your claim, you might be eligible to recover monetary compensation for the harm that you or a member of your family suffered associated with a defective product. The type and amount of compensation that you could be eligible to receive will always depend on the specific details surrounding your claim; therefore, it is essential to speak with an expert immediately.
Could I really recover compensation? How much compensation could I receive? What type of compensation could I recover? Depending on the details surrounding your claim, you could be eligible to recover compensation for at least some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
If you would like to learn more about the type and amount of compensation that you could be eligible to receive if your product liability claim reaches a successful outcome, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. The defective product attorneys at our firm are ready to aggressively fight for your right to recover the maximum amount of compensation available for your claim. For more information regarding the compensation that you might be eligible to receive, do not hesitate to contact our firm today.
What Steps Should You Follow?
All consumers should be available of the specific actions that they should follow if they are ever harmed by a defective product. Consider the following recommendations:
- Seek medical attention immediately
- Take photos of any physical injuries
- Take photos of the defective product
- Contact the company to report the defect and the harm suffered
- Never agree to return the defective product
- Never agree to a refund or voucher
- Never agree to a free repair
- Never agree to a free replacement
- Speak to witnesses, if available
- Gather any surveillance footage that might have captured the incident
- Gather all relevant medical records
- Gather all relevant purchase records
- Seek the expertise of a product liability lawyer
By following the different steps recommended above, affected parties are essentially preparing to eventually pursue a claim. If you would like to learn more about the importance of following these steps after being harmed by a defective product, do not hesitate to contact our experts at your earliest convenience.
Filing Your Claim On Time
Without a doubt, you might have grounds to pursue a product liability claim; however, you could lose your right to sue without even knowing it. This is because all claims are subject to strict deadlines. Specifically, claims are subject to a statute of limitations that determines the specific length of time that claimants have to sue. If claimants fail to file their claims within the appropriate length of time, they will lose the right to pursue their claims entirely.
What deadline applies to product liability claims? In California, product liability claims are usually subject to a two-year statute of limitations. This means that claimants will only have two years to file their claims. Failing to file within the two years allowed by the deadline could likely result in losing the right to sue. It is also important to understand that certain exceptions could apply (based on the details surrounding your claim). Applicable exceptions could result in a tolled statute of limitations, for example.
Because you could lose your right to sue if you fail to file your product liability claim on time, it is essential that you have a thorough understanding of the time that you have to file your claim. For more information about the statute of limitations and any possible exceptions that might apply to your claim, do not hesitate to contact our law firm today.
Contact Normandie Law Firm Today
Were you or a member of your family harmed because of a defective product? Did the recently recalled Bayside Furnishing dining chairs harm you or a member of your family? If so, you might have grounds to take legal action – specifically, you might have grounds to file a defective product claim. If you would like to learn more about your right to file a claim after being harmed by a defective product, do not hesitate to seek legal assistance with the experts at our firm immediately.
Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including defective product claims. Our product liability lawyers have successfully handled all sorts of claims; we have helped affected consumers recover the compensation that they are owed. Our lawyers are ready to evaluate your claim and lead you towards a successful claim outcome.
At our firm, we are dedicated to providing all consumers with the appropriate legal representation. Therefore, we offer free legal services, including free consultations and free second opinions. During our free legal services, our lawyers will be available to answer all your questions and address all your concerns. Our lawyers are ready to provide you with all the information necessary to pursue your claim – whether you are starting or continuing the legal process. To benefit from our free legal services, do not hesitate to seek legal assistance with the experts at our firm immediately.
At Normandie Law Firm, we are dedicated to making our free legal services accessible to all. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also strictly based on a strict contingency structure; therefore, our clients will never have to pay anything until after reaching a successful outcome (you will not have to pay if you do not win).
Are you ready to speak with our experts about the harm that you suffered associated with a defective product? If so, do not hesitate to contact Normandie Law Firm today.
