SmartPool Alarm Recall Lawsuit – Drowning Death Attorney
According to recent recall notices our office has been getting calls about the failure of the SmarPool alarms. These devices are designed to notify any consumer about a child entering the pool. The purpose of the device is to identify when a child enters into the pool. As a result an alarm will be triggered, which is intended to notify other occupants of the home. This in turn will drastically reduce the number of children who enter a pool without supervision from suffering serious or potentially fatal injuries.
PoolEye PE12 with UPC codes 628208165125 is the particular device that has been recalled. According to the reports, this device had reversed the positioning of the on and off switch. As a result, many of the users believed that the device was switched to the ON position, when in-fact it was OFF. This in turn failed to notify the parents that a child had entered the water causing serious injury and or death.
In such cases liability can extend to the manufacturer of the device. While it will likely be on a comparative basis, a manufacturer will be liable when they place into the stream of commerce a device that is defective. Defective devices can be from either a manufacturer defect, design defect or failure to warn. When the entire design of the product is wrong or inherently defective it would be considered to be a design defect. In such cases the manufacturer of the device will be held strictly liable for the injuries sustained.
Pursuing the Case – Defective Product Lawsuit
In such cases the manufacturer will have obvious counter arguments. First, they will argue that the supervising party was negligent in not looking after the child. This argument is moot, because the device was intended to provide a sense of security. In fact it would see that the device would provide a false sense of security for the parents or supervisors. As a result many would likely put down the their guard in respect to monitoring the child’s every move. As such the manufacturer will not be able to circumvent liability and hold the parent/supervisor/guardian liable for injuries as a result of the device they manufactured failing.
If you’re trying to move forward with a claim here are three things you should do immediately:
DO NOT in any way modify or tamper with the device, make sure you keep it exactly as it is;
DO NOT return the device to the manufacturer; you must keep the device in your possession until you can identify the root cause of the issue. In many cases the manufacturer will call and attempt to take possession of the device, never give your evidence to the manufacturer as it is a critical part of your case;
Finally, contact an attorney. Make sure to give us a call in order to go through the elements of your case. These are very fact specific cases and it is important that we get appropriate witness information and details about the case in order to identify exactly what happened.
These cases are often urgent due to the statute of limitation issues. If your family member has been hurt as a result of this device failing to perform, contact our office in order to get a free confidential case evaluation.