On September 16, 2020, MWE Investments issues a recall for their Dual Fuel Portable Generators. According to the recall, number 20-185, the portable generators can leak fuel, resulting in a fire and burn risk to consumers. The recall has affected approximately 7,500 units.
The Recall specifically includes the following:
- Westinghouse WGen5300DFv Dual Fuel Portable Generators – the generator has a bright blue and black metal exterior. Both “Westinghouse” and “WGen5300DFv” are printed on the control panel that’s on the side of the generator (in white lettering). The generator measures approximately 29.7 inches long by 20 inches wide by 19.29 inches tall (without the wheel kit). The generator weighs approximately 129 pounds. It has a fold down handle and wheels, which allows for portability.
- Westinghouse iGen4500DF Dual Fuel Inverter Portable Generators – the generator has a bright blue plastic cover. Both “Westinghouse” and “iGen4500DF” are printed on both side panels (in white lettering). The generator measures approximately 29.7 inches long by 19.7 inches wide by 22 inches tall; it weighs roughly 105 pounds.
The affected generators are associated with manufacture dates ranging from October 2019 through December 2019); they are also associated with the following serial numbers (found on the back panel): 04511A1019xxxxxxxxx, 04511A1219xxxxxxxxx, and 5311A1219xxxxxxxxx. The affected generators can run on both gasoline and propane.
The recalled generators were available for purchase from January 2020 through May 2020 for prices ranging from $450 through $1,050 (based on the model). The WGen500DFv was strictly sold at Sam’s Club (both in store and online via SamsClub.com). The other model, the iGen4500DF, was available only online via Amazon.com, HomeDepot.com, Lowes.com, ElectricGeneratorsDirect.com, PowerEquipmentDirect.com, Norwall.com, as well as other sites.
According to the company, there have been at least 26 reports of fuel leaking from the fuel valve; however, allegedly no incidents (including fires, injuries, or property damage) have been reported. The company is urging all consumers affected by the recall to stop using the generators and contact them immediately for more information regarding a free repair.
Have you been affected by the recall? Did the defective product lead to a fire, resulting in injuries or property damage? If so, you should not simply agree to a free repair for the defective generator; rather, you should consider taking legal action against the negligent company. Based on the details surrounding the incident and the harm that you or a member of your family suffered, you might have the right to sue – specifically, you might have the right to pursue a product liability claim.
If you are interested in learning more about your right to file a product liability claim against MWE Investments for the harm resulting from their defective generators, do not hesitate to seek legal assistance with the experts at Normandie Law Firm as soon as possible.
Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims; our lawyers are dedicated to representing the rights of all victims and their families after any sort of incident caused by the negligence of a party or entity. Our knowledgeable attorneys are ready to handle your product liability claim and guide you towards a successful claim outcome. If you would like to discuss your claim with the product liability lawyers at our firm, do not hesitate to contact us at your earliest convenience.
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The Risk Associated with the Defective Generators
As explained above, the portable generators included in the recall can leak fuel; the leak represents a fire risk as well as a burn hazard to consumers. If a fire occurs, burn injuries (second-degree, third-degree, fourth-degree burns, etc.) as well as smoke inhalation injuries are likely. Burn injuries are known to lead to permanent scarring, muscle damage, ligament damage, nerve damage, and even bone damage. Smoke inhalation injuries are often associated with internal burns (usually of the respiratory system), oxygen deprivation, brain damage, loss of consciousness, and even death. In addition, property damage (which can be extensive and expensive) is also possible.
Regardless of the specific harm (or damages) that you or a member of your family suffered associated with a defective product, it is essential that you seek legal assistance with the experts at our firm as soon as possible – as you might have grounds to sue.
Understanding Product Liability
Could you sue for the harm that you or a member of your family suffered associated with a defective portable generator or any other defective product? Based on the concept of product liability, companies have a duty to ensure that their products are completely safe for consumers to use; that is, they must ensure that their products are free of any defects in labeling, design, or manufacturing. Companies must test and inspect their products thoroughly to ensure that they are completely free of hazards. When companies fail to do this, they are breaching their duty of care. They are also putting their consumers at risk of suffering harm.
A defective product represents a breach duty of care; when a breached duty of care directly contributes to the harm that a consumer suffers, the company could be held accountable for all resulting harm. In other words, based on the concept of product liability, you might have grounds to sue for the harm that you or a member of your family suffered. If you are interested in learning more about your right to sue, contact our firm to speak with our lawyers.
You Could Sue and Recover Compensation
As explained above, based on the concept of product liability, you might have grounds to sue for the harm that you or a member of your family suffered due to a defective product. If your product liability claim is successful, you might be eligible to recover monetary compensation for the harm or damages resulting from the incident. What could you recover? Based on the details surrounding your claim, you could be eligible to recover some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Property damage
- Funeral and burial expenses
- Loss of consortium
- Punitive damages
- Legal fees
If you are interested in learning more about the type and amount of compensation that you could be eligible to receive if your claim is successful, do not hestiate to seek legal assistance with the experts at our firm as soon as possible. Our product liability lawyers are ready to evaluate your defective product claim and help you recover the highest amount of compensation available for your claim. You can trust that our lawyers will not rest until you are rightfully compensated.
What Should You Do?
After you or a member of your family suffered harm associated with a defective product, there are a number of things that you should do to prepare to pursue a claim. What should you do after an incident involving a defective product?
Consider some of the following recommendations:
- Take photos of all the injuries resulting from the incident
- Take photos of any property damage resulting from the incident
- Take photos of the whole scene of the incident
- Take photos of the defective product
- Seek medical attention for any physical injuries
- Stop using the defective product, leave it as-is in a safe place
- Contact the company to report the incident and the harm suffered
- Do not agree to a free replacement
- Do not agree to a free repair
- Do not agree to a refund
- Do not agree to return the defective product
- Speak to any witnesses (collect their testimonies and their contact information)
- Collect all relevant records
- Medical records
- Property damage records
- Lost wages records
- Purchase records
- Seek the expert opinion of a product liability lawyer as soon as possible
Understanding the Statute of Limitations
If you are interested in pursuing a defective product claim against a company that contributed to the harm that you or a member of your family suffered due to a defective product, you must have a thorough understanding of the statute of limitations – as your claim is time-sensitive. All personal injury claims, including product liability claims, are subject to a statute of limitations. A statute of limitations determines the total length of time that claimants have to sue. If claimants do not file their claims within the time that is allowed by the applicable statute of limitations, they will lose their right to sue.
How long do you have to pursue your claim against the negligent company that released the defective product and contributed to the harm suffered? In California, product liability claims are typically subject to a two-year statute of limitations, meaning that claimants only have two years to file their claims. In some cases, however, certain exceptions could apply – which can toll or pause the statute of limitations that applies to your claim.
If you are unaware of the deadline that applies to your claim, you could lose your right to sue. To ensure that you understand the deadlines that apply to your claim, you should contact the experts at our firm as soon as possible.
Contact the Experts at Normandie Law Firm Today
Did you or a member of your family suffer harm due to the defective generators recalled by MWE Investments? If the Westinghouse portable generators resulted in the injuries or damages that you or a member of your family experienced, you should explore the legal options available. Based on the details surrounding the incident, you might have grounds to pursue a product liability claim. If you are interested in learning more about your right to file a product liability claim against a negligent company, do not hesitate to seek legal assistance with the experts at Normandie Law Firm today.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of personal injury claims. Our lawyers are ready to aggressively fight for your right to sue and recover the highest amount of compensation available for your claim. Our lawyers are committed to remaining accessible to victims and their families – and helping them reach successful claim outcomes. At our firm, we offer free legal services, which include both free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. Our experienced product liability lawyers will be available to provide you with all the information that you might need to pursue your claim and reach a successful outcome. Would you like to benefit from our free legal services? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
Our firm offers a Zero-Fee guarantee, which ensures that our clients – the unfortunate victims of negligent companies – have access to our legal services without ever having to worry about paying any expensive upfront legal fees. In addition, our firm is strictly based on contingency; therefore, our clients will only have to pay after they win.
Are you ready to discuss your claim with our experts? If so, contact our firm today. Our lawyers are available to you 24/7.
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