On March 19, 2020, Lilly of New York issued a recall for their children’s winter boots. According to the recall, number 20-729, the boots’ sole contains lead levels that violate the federal lead content ban. Because lead is toxic if ingested by young children, the boots pose a significant health risk.
According to the recall, approximately 3,200 units have been affected. The recall specifically involves Lilly of New York brand of children’s winter boots. The winter boots were sold in children’s sizes ranging from size 5 through size 10. The boots were available in a number of colors including aqua, black with glitter, black with green, and purple with black. The respective style numbers associated with the colors consist of 53325, 53323, 53317, and 53324.
The recalled winter boots were sold exclusively on Zulily.com for roughly $35 to $40. The boots were available from November 2019 to January 2020. According to the company, no incidents or injuries have been reported.
The company is urging consumers affected by the recall to take the recalled boots away from children immediately and contact them immediately for either a full refund or to receive a free replacement product (of a similar value). Zulily is contacting known purchasers directly.
Although the company claims that no incidents or injuries have been associated with the recall of the product, it is possible that many children have suffered unreported incidents of lead poisoning. Do you believe that your child suffered lead poisoning as a result of the recalled children’s boots? If so, you might have grounds to pursue a product liability claim.
If you would like to learn more about your right to file a product liability claim for the harm that your child suffered because of the defective winter boots, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. At Normandie Law Firm, our lawyers have many years of experience representing the rights of individuals who fall victim to the negligence of parties or entities. Our lawyers are knowledgeable on product liability law and are ready to provide you with the guidance that you need to successfully pursue a claim against the company liable for the harm your child suffered. If you are ready to speak with our lawyers, do not hesitate to contact our firm today.
The Dangers Associated with Lead Poisoning
Young children are most at-risk of lead poisoning because their bodies absorb lead easily. There is lead on a number of products, usually due to lead-based paint. Because of this, there is federal lead regulations designed to both limit the lead content in consumer products and limit consumer exposure to lead. Unfortunately, companies often fail to adhere to lead ban regulations – and they negligently release dangerous products to the public.
In general, lead poisoning is difficult to detect; because of this, lead poisoning is often not diagnosed until it is severe. Lead poisoning is associated with a number of symptoms in children, including but not limited to the following:
- Abdominal pain
- Constipation
- Developmental delays
- Fatigue
- Hearing loss
- Irritability
- Learning difficulties
- Loss of appetite
- Pica
- Seizures
- Vomiting
- Weight loss
In cases where the lead poisoning is severe, it could be fatal. Even if the lead poisoning is addressed before the point of fatality, it could cause permanent, life-altering damage. Regardless of the specific harm that your child suffered, it is important for you to know that the harm could have been avoided if the company would have exercised their duty of care towards their consumers. In other words, the company could be held accountable for the harm suffered.
Product Liability and the Right to Sue
Based on product liability, you might have grounds to sue the company that negligently contributed to the harm that your child suffered. What is product liability and how does it establish your right to sue? Based on the concept of product liability, all companies owe their consumers a duty of care. Companies owe their consumers the duty of ensuring that all products are completely safe for their consumers to use; they must inspect/test their products thoroughly to ensure any potential hazards are identified and quickly addressed. When companies fail to ensure that their products are safe, they are breaching their duty of care – which puts consumers at risk of suffering harm. When unsafe products directly result in the harm that consumers suffered, the companies that made the products available to the public could be held accountable. In other words, companies could be found liable and could be sued (on the basis of product liability). 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 firm at your earliest convenience.
Recovering Monetary Compensation
If your product liability claim is successful, you could be eligible to recover monetary compensation. The type and amount of compensation that you could be eligible to recover will always depend on the details surrounding your claim. Although every claim is different and will result in different outcomes, some of the categories available for recover could include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
- Legal fees
Regardless of the details surrounding your claim, you can be certain that the experts at our firm are ready to aggressively fight for your right to recover the compensation that you are owed. The lawyers at Normandie Law Firm understand the financial troubles that can come after being harmed by a defective product. Although monetary compensation cannot reverse the harm suffered, it can significantly help you and your family move forward from such a traumatic time. If you would like to learn more about the compensation that you could be eligible to receive upon a successful claim outcome, do not hesitate to contact our firm today.
The Statute of Limitations
To preserve your right to sue and your right to recover the compensation that you are owed, it is essential that you file your claim within the allowed of time. All claims are subject to a deadline established by a statute of limitations. If claims are not filed by the time allowed by the appropriate statute of limitations, claimants will lose their right to sue. In California, product liability claims are typically subject to a two-year statute of limitations, meaning that claimants will lose their right to sue. However, exceptions could apply – especially in cases involving children. Whenever a child is injured, parents have the option to sue. But the statute of limitations is essentially tolled until the victim reaches a legal adult age; therefore, if no case has already been brought forth by parents, surviving child victims could sue after becoming adults. If you would like to learn more about the statute of limitations that applies to your claim, do not hesitate to seek legal assistance at your earliest convenience.
Important Steps to Take After Being Harmed
After being harmed by a defective product, it is essential that affected parties follow a number of steps to prepare to take legal action and hold the liable company accountable for the harm suffered. Affected consumers should do the following:
- Seek medical attention as soon as possible
- Take photos of the defective product
- Keep the defective product in a safe place, out of reach of children
- Keep the defective product as is (do not tamper with the product in any way)
- Contact the company to report the incident and the harm suffered
- Do not agree to return the defective product
- Do not agree to a free replacement
- Do not agree to a free repair
- Do not agree to a refund
- Gather all relevant medical records
- Gather records associated with the purchase of the product
- Speak to witnesses (if there were any witnesses present) and collect their information
- Seek legal assistance with a product liability lawyer
Why is following the steps listed above so important? When affected parties follow the recommendations mentioned above, they are slowly gathering the tools necessary to prepare to file their product liability claims against the liable company. Whether you have already completed the steps listed above or you are unsure of what you should do next, do not hesitate to seek legal assistance with the experts at our firm as soon as possible for further guidance.
Contact Normandie Law Firm Today
Did your child suffer lead poisoning associated with a defective product? If so, you might have the option to sue the at-fault company for the harm that your child suffered. If you would like to explore the possibility of taking legal action against Lilly of New York or any other company that contributed to the harm that your child suffered, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience.
Normandie Law Firm is a personal injury law firm; our lawyers are knowledgeable on many topics, including defective product claims. If you are interested in learning more about your right to file a product liability claim for the harm that your child suffered, do not hesitate to seek legal assistance with our experts immediately. The lawyers at Normandie Law Firm are ready to provide you with the representation that you need to file your claim; our lawyers are ready to handle your claim and help you recover the compensation that you are owed.
Unfortunately, many people with valid claims never seek legal assistance because of a fear of expensive legal fees. At Normandie Law Firm, we offer free legal services to remain accessible to all victims. Our free legal services include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns; our product liability attorneys will be available to provide you with all the information that you need to start or continue your product liability lawsuit. To speak with our lawyers and benefit from our free legal services, do not hesitate to contact our firm at your earliest convenience.
We also offer a Zero-Fee guarantee – which ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. In addition, we are also based on contingency, meaning that our clients will not be required to pay anything until after reaching a successful claim outcome.
If you are ready to discuss your current situation and the possibility of pursuing a claim with the experts at our firm, do not hesitate to contact Normandie Law Firm at your earliest convenience.
