On August 19, 2020, Hasbro Inc. issued a recall for the Super Soaker XP 20 and the Super Soaker XP 30. According to the recall, number 20-168, the decorative sticker (which is located on the toy’s water tank) contains high levels – which exceed what is allowed by the federal lead content ban. Because lead can be toxic, especially to young children, the toy represents a risk of lead poisoning. The recall has affected approximately 52,900 products.
The recall specifically involves the Super Soaker XP 20 (E6286) and the XP 30 (E6289). The XP 20 is green and orange, while the XP 30 is orange and blue. The hand-held water blasters have “Nerf Super Soaker” as well as the model number printed on a sticker on the side of the toy.
The recalled water blasters were sold at Target stores from March 2020 through July 2020; the XP 20 was sold for $8, and the XP 30 was sold for $13. According to the company, no incidents or injuries have been reported associated with the recalled product. However, it is possible that there have been unreported incidents and injuries directly associated with the recalled water blasters.
The company is urging consumers affected by the recall to take the product away from children immediately and contact them for instructions on returning the product and receiving a full refund. Affected consumers are being asked to unscrew the water tank from the blaster and return it to the company (using a prepaid postage label) in exchange for the refund.
Should you follow the recommendations made by Hasbro Inc.? Without a doubt, you must take the product away from your child immediately to prevent the risk of additional exposure to lead and additional harm. However, you should not agree to return the product for a refund.
What should you do? Instead of simply agreeing to return the product in exchange for a refund, you should explore your legal options. Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to file a product liability claim. That is, you could hold the negligent company accountable for the harm that your child suffered.
Would you like to learn more about your right to file a product liability claim against Hasbro Inc.? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. At Normandie Law Firm, our product liability lawyers are ready to provide you with the guidance that you need to hold the at-fault company accountable for the harm suffered. Would you like to discuss your right to sue with the experts at our firm? If so, contact our firm at your earliest convenience.
The Dangers of Lead Poisoning
Lead poisoning occurs when lead builds up in the body; this can occur during long-term exposure to constant levels of lead or short-term exposure to high levels of lead, for example. Unfortunately, young children (under the age of six years) are vulnerable to lead poisoning because their bodies absorb lead much easier than any other age group. Lead poisoning can impact both mental and physical development; therefore, it can lead to permanent (or long-term) harm. In some cases, lead poisoning can be fatal. Because the symptoms of lead poisoning can be difficult to detect (and can often be confused for symptoms for less serious conditions), lead poisoning is often undetected until it is too late.
Some of the common symptoms of lead poisoning include the following:
- Abdominal pain
- Constipation
- Developmental delays
- Hearing loss
- Irritability
- Learning difficulties
- Loss of appetite
- Pica
- Seizures
- Sluggishness/fatigue
- Vomiting
- Weight loss
Did your child suffer lead poisoning associated with the recalled water blaster? If so, do not hesitate to seek legal assistance to learn more about the options available to you.
Understanding Product Liability – You Could Sue
Do you have the right to sue for the harm that your child suffered associated with a toy that violated the federal lead content ban? If so, you might have grounds to sue based on the concept of product liability. What is product liability and how does it determine your right to sue? Based on product liability, all companies owe their consumers a duty of care – a duty to ensure that their products are completely safe for consumers to use. In other words, companies have the duty to test and inspect products; this allows them to identify and address any hazards present in their products that could contribute to harm to unsuspecting consumers. When companies fail to ensure the safety of their products, they are breaching their duty of care towards their consumers – which puts consumers at risk of suffering harm. When the harm that a consumer suffers can be directly attributed to a breached duty of care, the company that breached the duty of care could be held accountable; this is based on the concept of product liability. This means that affected consumers could sue. If you would like to learn more about your right to sue based on the concept of product liability, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
What Should You Do?
Did your child suffer lead poisoning associated with the recalled water blasters? If so, there are a number of things that you should do to ensure that you can pursue a claim against the company that negligently contributed to the harm that your child suffered. What should you do? Consider some of the recommendations listed below:
- Photograph your child (your child might seem visibly ill even without any physical injuries)
- Photograph the defective product
- Take the recalled toy away from your child (keep it somewhere inaccessible to children)
- Seek medical care for your child as soon as possible (a delay in treatment can worsen the situation)
- 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 or a free repair
- Do not agree to a refund
- Do not tamper with the defective product in any way
- Speak to any witnesses
- Collect all medical records associated with the harm caused by the defective water blaster
- Collect relevant purchase records (receipts, order confirmations, shipping confirmations, etc.)
- Seek legal assistance as soon as possible
Although it might be difficult for affected consumers to act accordingly after their child suffered harm due to a defective product, it is important for consumers to follow the steps listed above to prepare to hold the liable company accountable for the harm suffered. You can trust the product liability lawyers at our firm to guide you every step of the way.
You Could Recover Compensation
Could you receive compensation for the harm that your child suffered? Based on the details surrounding your lead poisoning product liability claim, you might have grounds to recover compensation upon reaching a successful claim outcome. More specifically, you could be awarded compensation for some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral costs
- Burial costs
- Punitive damages
Would you like to learn more about the type and amount of compensation that you could be eligible to receive if your claim is successful? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. You can be certain that our lawyers will aggressively fight for your right to recover the compensation that you and your family are owed. Without a doubt, monetary compensation cannot reverse the harm that your child suffered due to lead poisoning. However, recovering compensation can help you and your family start working towards moving past such a traumatic event. For more information about the type and amount of compensation that you could be eligible to receive if your product liability claim against Hasbro is successful, contact our firm today.
The Statute of Limitations
As explained above, you could have the right to sue; however, it is possible for you to lose your right to sue if you fail to take legal action within the appropriate length of time. This is due to the statute of limitations that applies to your claim – all claims are subject to a statute of limitations which determines the total length of time that claimants have to file their claims. If affected consumers do not file their claims on time, they could lose their right to take any sort of legal action.
How long do you have to pursue your product liability claim against the company that contributed to the harm that your child suffered due to the defective water blaster? In California, product liability claims are subject to a two-year statute of limitations, meaning that consumers only have two years to pursue their claims.
However, it is also important that consumers acknowledge that exceptions could apply – exceptions to the statute of limitations. If any exceptions apply, the statute of limitations could be tolled or paused. Exceptions are based on the details surrounding the claim, such as the age of the victim. If the victim is underaged, the statute of limitations could be tolled until the victim becomes a legal adult; then, the statute of limitations will resume, and the victim will be able to sue independently. Of course, this does not apply if the victim’s parents already pursued a claim.
Would you like to learn more about the specific length of time that you have to pursue your claim? If so, do not hesitate to discuss your claim with the product liability experts at our firm today. Our lawyers will help you file your claim against Hasbro within the appropriate length of time.
Contact Our Firm Today
At Normandie Law Firm, our lawyers are dedicated to remaining accessible to all victims affected by the negligence of others. Did your child suffer harm associated with a defective product, such as the defective Hasbro water blasters? If so, you should contact our firm immediately and request to benefit from our free legal services. Our firm offers free consultations and free second opinions, which ensure that our clients will have access to our expertise without having to worry about expensive fees. During our free consultations and our free second opinions, our lawyers will be available to answer all your questions and address all your concerns – our defective product lawyers will provide you with all the information that you need to reach a successful claim outcome.
Our firm offers a Zero-Fee guarantee – a guarantee that our clients will not be required to pay any upfront costs for our legal services. Our firm is also based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything for our legal services.
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