On May 27, 2020, Primark issued a recall for their Wide Fit Kitten Heel Court Pumps. According to the recall, number 20-127, the leather insock in the shoes has high levels of Chromium VI; this results in a risk of skin irritation. The recall has affected approximately 1,700 products.
The recall specifically involves the Primark Wide Fit Kitten Heel Court Shoes, which have a 1.5-inch heel. The shoes were available in both black and nude microfiber fabric. Printed inside the shoe, product number 06689 and RN code 145478.
The recalled shoes were sold at Primark US stores nationwide; they were available from January 2019 through November 2019 for approximately $16 per pair.
Although the company claims that no incidents or injuries have been reported associated with the defective product, the company is urging affected consumers to stop using the shoes included in the recall and return them to a Primark store for a full refund. Should you follow these recommendations?
Even though the company claims that no harm has resulted from the defective product, it is possible that there have been unreported incidents. Did you suffer harm associated with the recalled shoes? If so, you should not even consider returning the shoes for a full refund; instead, you should explore the legal options available to you. Depending on the details surrounding the incident and the harm suffered, you might have grounds to sue. In fact, you might have grounds to file a product liability claim against Primark US.
Are you interested in learning more about your right to sue for the harm that you or a member of your family suffered associated with the recalled shoes? If so, do not hestiate to seek legal assistance with the experts at our law firm immediately. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims. Our product liability lawyers are ready to evaluate your claim and help you hold the negligent company accountable for the harm resulting caused by the defective product. Our lawyers are ready to provide you with all the information necessary to pursue your claim and recover the compensation that you are owed.
If you are ready to speak with a product lability lawyer, contact the experts at Normandie Law Firm as soon as possible.
Understanding the Defect Present in the Product
As explained above, the recalled shoes (specifically, the leather insock inside the shoes) contain elevated levels of Chromium VI – or hexavalent chromium. Because the leather insock contains elevated levels of chromium VI, consumers could suffer skin irritation. Exposure to hexavalent chromium can lead to an allergic reaction, or allergic contact dermatitis. After an allergy has developed, even brief contact with the tainted product could lead to a reaction, which could consist of a swollen, red, itch rash (that worsens with continued contact). If non-intact skin (areas that are open due to cuts, dry skin, abrasions, or dermatitis, for instance) is exposed to high levels of Chromium VI, consumers could develop chrome ulcers (small crusted s recalled product can sores with rounded borders); chrome ulcers heal slowly and can lead to permanent scarring. Without a doubt, the elevated levels of chromium vi in the product can be harmful to consumers. Affected consumers might have grounds to take legal action for the harm suffered.
Your Right to Sue based on Product Liability
Based on the details surrounding the incident (including the harm suffered), you might have grounds to sue Primark US for the harm suffered due to their defective shoes. Your right to sue is based on the concept of product liability. What is product liability, and how does it determine your right to sue? There are four elements of product liability, listed below:
- A company owes their consumers a duty of care – a duty to ensure that products are completely safe for consumers to use
- A company breaches their duty of care towards consumers – they fail to test and inspect their products to ensure their safety, making defective products available to consumers
- The breach of duty causes an incident
- The consumer suffers harm
When a consumer suffers harm as a direct result of a defective product – a defective product that should have been identified/addressed by the company prior to its release to the public – the company that made the defective product available for consumers could be liable.
What does this mean? If all the elements of product liability are present – if the harm that you suffered can be directly associated with a breached duty of care (or a defective product) – you could file a product liability claim. 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 immediately. Our lawyers will provide you with the information that you need to pursue your product liability claim against Primark US or any other company that negligently contributed to the harm suffered.
A Successful Claim Could Lead to Monetary Compensation
Could you be eligible to recover compensation for the harm that you suffered associated with the defective product? Depending on the details surrounding the incident and your claim, you might have grounds to recover monetary compensation. That is, the type and amount of compensation that you could recover will be based on your claim’s details. Although every product liability claim is different, you might be eligible to recover compensation for the categories listed below:
- Medical expenses: for all costs associated with the treatment and general medical care (including prescriptions, follow-up care, etc.)
- Lost income: for the wages lost as a direct result of the harm suffered and the inability to work either temporarily or permanently
- Pain and suffering: for the mental and emotional suffering caused by the incident and harm suffered
- Punitive damages: awarded to claimants as a form of punishment towards the company, to prevent similar incidents from reoccurring
If you would like to learn more about the type and amount of compensation that you could be eligible to recover if your claim reaches a successful outcome, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our product liability lawyers are ready to help you fight to recover the highest amount of compensation available for your claim. For more information about the potential value of your claim and the type/amount of compensation that you could recover, contact the product liability lawyers at our firm today.
What Should You Do to Prepare to File a Claim?
Consumers are often affected by defective products; however, many consumers simply do not know what they should do after being harmed by a defective product. In most cases, this this is due to a lack of information as well as a lack of resources. What should you do after being harmed by a defective product? What should you do to prepare to pursue your claim?
Consider the following recommendations:
- Take photos of all physical injuries suffered
- Take photos of the defective product
- Seek medical attention immediately
- Keep the defective product in a safe place, do not tamper with it in any way
- Contact the company to report the defective product and the harm suffered
- Do not agree to a free repair or a free replacement
- Do not agree to a refund
- Do not agree to return the defective product
- Gather all medical records related to the harm suffered
- Gather all records associate with the purchase of the defective product
- Seek legal assistance with the experts at our law firm
When affected consumers follow the recommendations listed above, they are gathering the tools necessary to pursue their claims – and eventually reach a successful outcome. Following the steps listed above, consumers can prepare for the legal process and to recover the compensation that they are owed. For more information about the recommended steps listed above, do not hesitate to contact our firm immediately.
File Within the Time Allowed by the Statute of Limitations
If you suffered harm associated with the defective product recalled by Primark US, you might have grounds to sue; however, you must pursue your claim within the appropriate length of time. All claims are subject to a statute to limitations, or a deadline to sue. The statute of limitations establishes the time that claimants have to file their claims. When claimants fail to file their claims within the time allowed by the statute of limitations, they could lose their right to sue and recover any compensation.
Because of this, it is essential that affected consumers have a thorough of the statute of limitations that applies to their claims. How long do you have to pursue your product liability claim? In California, product liability claims are normally subject to a two-year statute of limitations, meaning that claimants only have two years to file their claims. However, exceptions could apply – if exceptions apply (based on the details surrounding the claim) the applicable statutes of limitations could be tolled or paused.
For more information about the statute of limitations that applies to your claim, do not hesitate to seek legal assistance with the experts at our law firm immediately. Our lawyers will ensure that your claim is filed on time.
Contact Normandie Law Firm Today
Are you in need of legal assistance after being harmed by a defective product? If you suffered harm associated with the defective shoes recalled by Primark US? If so, do not hesitate to contact the experts at our firm as soon as possible. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including the product liability claims resulting from incidents with defective products. Our lawyers are ready to provide you with the representation that you need to hold the negligent company accountable for the harm caused by the defective product. Are you ready to discuss the possibility of pursuing a claim with the experts at our firm? If so, contact us today.
At our firm, we are committed to providing affected consumers with the legal representation necessary to hold the liable companies accountable for the harm suffered. To remain accessible to affected consumers, our firm offers free legal services, which include free consultations and free second opinions. During our free legal services, our product liability lawyers will be available to answer your questions and address all your concerns – they will provide you with all the information necessary to pursue your product liability claim. Are you ready to benefit from our free legal services? If so, contact our firm today.
In addition to the free legal series mentioned above, our firm offers a Zero-Fee guarantee, which ensures that you will never have to pay upfront legal fees for any of our legal services. Our firm is also based on a strict contingency structure, meaning that our clients will not be required to pay anything until after reaching a positive claim outcome. This means that you will not pay until you win.
If you are ready to discuss your product liability claim with the experts at our firm, do not hesitate to contact our product liability lawyers immediately. Our lawyers are ready to handle your claim.
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