On April 30, 2020, Ximi Vogue issued a recall (number 20-113) for their neck pillows, which are designed for children. According to the recall, paint on the zippers as well as zipper pulls contain levels of lead that violate the federal lead paint ban. Because of the toxicity of lead to young children, the product represents a lead poisoning risk. The recall has affected approximately 160 units.
The recall specifically includes four different models of the children’s neck pillows, which were available in green, gray, blue, and pink plush fabric. The pillow covers have zippers on the back. They also have a tag (sewn on the side of the pillow) with Ximi Vogue and a bar code printed.
The recall includes the following models (and bar code numbers):
• Ximi Vogue children’s pink elephant neck pillow with silver crown (Bar Code 6939837694431)
• Ximi Vogue children’s blue chick neck pillow with gold crown (Bar Code 6939837694493)
• Ximi Vogue children’s gray elephant neck pillow with silver crown (Bar Code 693983769445)
• Ximi Vogue children’s green dinosaur neck pillow (Bar Code 6939837694417)
The defective children’s neck pillows were available at Ximi Vogue stores (in Miami) from November 2019 to February 2020 for approximately $11 each. According to the company, there have been no incidents or injuries reported.
The company is urging consumers affected by the recall to immediately take the neck pillows away from children and contact them for a full refund. Should you do this? Should you agree to a refund? If your child suffered lead poisoning because of the defective product, you should not simply agree to a refund. Instead, you should explore the possibility of pursuing a product liability claim against the company that negligently made the defective product available for purchase – negligently putting innocent children at risk of suffering harm.
Could you really sue Ximi Vogue for the harm that your child suffered? You might have grounds to sue the company based on the concept of product liability. If you would like to learn more about your right to sue after your child suffered harm associated with a defective product, do not hestiate to contact the experts at our law firm immediately. Our lawyers are ready to aggressively fight for your right to sue and help you recover the compensation that you are owed. To discuss your claim with the experts at our firm, do not hesitate to contact our firm at your earliest convenience.
The Severity of the Lead-Poisoning Hazard
According to the federal lead content ban, the paint used on children’s products must not contain more than 90 ppm of lead; there must not be more than 100 ppm of total lead content in the product. Because children easily absorb lead, they are at a significant risk of lead poisoning whenever they are exposed to elevated lead levels in products. Lead poisoning occurs when lead accumulates in the body over time – it can occur over months or over years. Exposure to lead can severely affect mental and physical development. Exposure to high levels of lead can cause fatal lead poisoning.
Lead poisoning can be associated with a number of symptoms in your children, which can include some of the following:
• Constipation
• Developmental delays
• Fatigue
• Hearing loss
• Irritability
• Learning difficulties
• Loss of appetite
• Pica
• Seizures
• Sluggishness
• Vomiting
• Weight loss
Because many of the symptoms mentioned above could be associated with other conditions; therefore, lead poisoning symptoms are often ignored until it is too late. In severe cases of lead poisoning, victims can develop brain damage, kidney damage, and nervous system damage. Victims could suffer seizures, loss of consciousness, and even lose their lives.
Regardless of the harm that your child suffered associated with a defective product that violated the federal lead content ban, you should explore the possibility of pursuing a product liability claim – as you might have grounds to sue for the harm that your child suffered.
Understanding Product Liability
Could you pursue a claim if your child suffered harm associated with a defective product? Could you sue if your child suffered lead poisoning because of a product that violated the federal lead content ban? Depending on the details surrounding the incident, you might have grounds to sue based on product liability. What is product liability?
Based on product liability, all companies owe their consumers a duty of care. Their duty of care consists of companies ensuring that all their products are safe to be released to consumers. Consumers must test and inspect their products to be able to identify and address any hazards present in the products. However, companies could breach their duty of care – by failing to identify/address the defects present in their products. When they make defective products available to consumers, they are putting their consumers at risk of harm. If a defective product directly contributes to the harm that consumers suffered, the company that made the defective product available for purchase could be liable.
In other words, consumers who were harmed by defective products could sue. If you would like to learn more about product liability and your right to sue, do not hestiate to seek legal assistance with the experts at our law firm at your earliest convenience.
You Could Recover Monetary Compensation
If you pursue a claim that is eventually successful, you could be eligible to recover monetary compensation. The type and amount of compensation available for recovery could include some of the following:
• Medical expenses
• Lost earnings
• Pain and suffering
• Funeral and burial costs
• Loss of consortium
• Punitive damages
The compensation available for your claim will always be based on the details surrounding the incident and harm suffered; therefore, you should seek legal assistance immediately to learn more about the compensation that you could be eligible to receive. When you allow the product liability lawyers at Normandie Law Firm to handle your claim, you can be certain that our lawyers will do everything within their reach to ensure that you recover the highest amount of compensation available for your claim.
The Statute of Limitations
How long do you have to sue? Although you might have the right to sue based on the details surrounding the incident and the harm suffered, you could lose your right to pursue a claim if you fail to file within the time allowed by the applicable statute of limitations. The statute of limitations determines the specific length of time that claimants have to file their claims; if claimants do not file on time, they will lose their right to sue (and their right to receive any compensation).
In California, those pursuing product liability claims must normally meet a two-year statute of limitations, meaning that they only have two years to pursue their claims. However, exceptions to the statute of limitations could apply. Specifically, in cases that involve young children, the statute of limitations could be tolled until the victim turns eighteen-years-old or is legally emancipated. To ensure that you have a thorough understanding of the deadline that applies to your product liability claim, do not hesitate to contact the experts at our firm at your earliest convenience.
How to Prepare to File a Claim?
If your child suffered harm due to a defective product, there are a number of things that you should do to prepare to take legal action against the company that negligently contributed to the harm suffered. If you fail to take the appropriate legal action, you could affect your chances of successfully pursuing a claim. What could you do to prepare to file your product liability claim? Consider the following recommendations:
- Take photos of any visible harm suffered
- Take photos of the defective product)
- Seek medical attention immediately
- Take the defective product away from children
- Contact the company
- Report the defect and the harm suffered
- Do not agree to a refund
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to return the defective product
- Gather all medical records associated with the harm suffered
- Gather all records associated with the purchase of the defective product
- Gather records associated with any lost income associated with the incident
- Speak to witnesses (if any were present)
- Seek legal assistance as soon as possible
Although following the steps listed above does not guarantee the success of your claim, doing so can significantly improve the likelihood of reaching a successful claim outcome. For more information regarding the recommended actions listed above, do not hesitate to contact the experts at our firm immediately.
Contact Normandie Law Firm Today
If your child suffered lead poisoning that resulted in harm, you might have grounds to pursue a product liability claim. Whether your child suffered irreversible injuries or lost his or her life, you might have grounds to sue and hold the company accountable for the harm suffered. If you are ready to explore the legal options available to you and learn more about your right to sue, do not hesitate to contact the experts at our law firm at your earliest convenience. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including defective product claims. Our defective product attorneys are ready to evaluate your claim and aggressively fight for your right to recover the highest amount of compensation available for your claim. If you are ready to discuss your claim with the experts at our firm, do not hesitate to contact us as soon as possible.
At our firm, we offer free legal services to ensure that all affected consumers have access to the legal services that they need to pursue their claims against negligent companies. 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 lawyers will be available to provide you with all the information and guidance necessary to pursue your claim. If you are ready to benefit from our free consultations or free second opinions, do not hesitate to contact the experts at our firm immediately.
Our firm offers a Zero-Fee guarantee that ensures that our clients do not have to pay any upfront legal costs for any of our legal services. Our firm is also based on contingency, meaning that our clients will never be required to pay any legal fees until after reaching a successful outcome. Even when payment is required, it will come from the compensation that you recover; therefore, you will never have to pay any upfront legal fees.
If you are ready to discuss your claim with the product liability experts at our firm, contact us today.
