On November 26, 2019, Mark Feldstein & Associates issued a recall for their Stacked Gourd Jack-O-Lantern decorations. According to the recall (number 20-031), the string light wiring inside the Jack-O-Lantern decorations can overheat, spark, and ignite. This poses a fire hazard.
Approximately 5,000 units of the product are affected by the recall. The affected products can be described by the following details:
- 12-inches in height
- Hand-painted
- Battery-operated LED string lights (inside the product)
- UPC code 789683062481
- Model number S1915D12
The defective Jack-O-Lantern decorations were available at Paper Store, Hallmark stores, and independent gift stores nationwide from August 2019 to October 2019. The decorations were also available online via Amazon from July 2019 to September 2019. The decorations were sold for about $20 each.
According to the recall, there have been at least four reports of the decorations smoking or catching on fire. However, there have been no reports of injuries or property damage.
The company is urging consumers to stop using the recalled decorations and contact the company for a full refund.
Although no injuries have been reported, it is possible that there have been at least a few unreported incidents. If you or members of your family have been harmed by the defective jack-o-lantern decorations included in the recall, you should explore the possibility of pursuing a claim. Instead of following the recommendations of the company, you should seek legal assistance.
Depending on the details surrounding your claim, you could be eligible to sue and even receive compensation. Specifically, you might have grounds to hold Mark Feldstein & Associates accountable for the harm that you or your family suffered. If you would like to learn more about your right to take any legal action against Mark Feldstein & Associates for the harm suffered, do not hesitate to seek legal assistance with the experts at Normandie Law Firm immediately.
Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. Our product liability lawyers are ready to evaluate your claim and provide you with all the information that you need to reach a successful claim outcome. Our lawyers are ready to hold liable parties/entities accountable for the harm that you suffered. Do not hesitate to contact our firm today.
The Danger of the Defective Product
A fire hazard should never be taken lightly. As mentioned above, the string light wiring in the decorations can overheat, spark, and ignite, causing a fire risk. Without a doubt, a fire could cause significant property damage – entire homes could burn down and victims could lose most of their personal belongings. Besides property damage, which includes structural damage and smoke/ash damage among others, affected parties could suffer a number of injuries.
A fire risk comes with a burn risk. Victims could suffer burns of varying degrees. It is also possible for victims to suffer smoke-inhalation injuries. These injuries, without a doubt, could be life-threatening. However, survivors of these injuries are often left dealing with long-term issues. Regardless of the specific harm that you or a member of your family suffered, it is essential that you explore the possibility of filing a claim – you might have grounds to sue.
Understanding Product Liability
Who is liable for the harm that you or a member of your family suffered because of a defective product? Is Mark Feldstein & Associates liable? Could Mark Feldstein & Associates be liable? Depending on the specific details surrounding your claim, Mark Feldstein & Associates could be liable for the harm that you suffered. Specifically, Mark Feldstein & Associates could be liable based on product liability.
What is product liability? How could Mark Feldstein & Associates be liable? Based on product liability, all companies have a duty of care towards their consumers. They have the duty to ensure that their products are completely safe for their consumers to use, meaning that they must inspect their products, test their products, and do everything possible to ensure that their products are safe for consumers – prior to making them available for purchase.
When companies fail to ensure that their products are safe for consumers, they are breaching their duty of care. As soon as the breached duty of care causes an incident that harms consumers, these companies could be found liable for the harm suffered. If liability can be established, victims and their families can sue and fight for the right to receive compensation.
If you would like to learn more about product liability and your right to pursue a claim after being harmed by a defective product, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
Recovering Compensation
Are you eligible to recover monetary compensation for that harm that you or a member of your family suffered because of a defective product? Your right to recover compensation will always depend on the details of your claim; based on these details, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Could you be eligible to recover all the compensation listed above? In some cases, claimants could recover all the compensation listed above; however, the type and amount of compensation available can only be determined by the details of the claim. For example, if the harm did not result in death, a claimant wouldn’t be eligible to be compensated for funeral and burial costs.
To ensure that you have a thorough understanding of the type and amount of compensation that you could be eligible to receive, do not hesitate to seek legal assistance with our experts as soon as possible. Our lawyers are ready to fight for your right to recover the highest amount of compensation available for your claim.
What Should You Do?
You were harmed by a defective product; now, what? Unfortunately, many people do not know what to do after being harmed by a defective product; their lack of appropriate action can actually result in reducing the possibility of filing a successful claim. There are a number of things that affected parties should do if they were harmed by a defective product.
Consider the following recommendations:
- Stop using the defective product
- Take photos of the injuries caused by the defective product
- Take photos of any property damage caused by the defective product
- Take photos of the defective product
- Seek medical attention immediately
- Contact the company to report the defect and the harm suffered
- Do not accept a free repair, a free replacement, or a full refund (do not accept any offers)
- Collect medical records
- Collect purchase records
- Speak to witnesses
- Seek legal assistance
There is no doubt that filing a lawsuit is not the first thing that most people think about immediately after being harmed by a defective product. However, all consumers should be aware of the steps that they should follow in the case that they are harmed by a defective product. If you would like to learn more about the specific actions that you should take if you or a member of your family is harmed by a defective product, do not hesitate to contact our firm today.
The Statute of Limitations
Besides following the recommendations listed above, it is essential that all parties have a thorough understanding of the statute of limitations that applies to their claim. Failing to understand the applicable statute of limitations could result in losing the right to sue entirely. A statute of limitations determines the specific length of time that claimants have to file their claims.
These deadlines ensure that claims are filed promptly and that claimants and defendants both have the evidence that they need to prove or disprove the claims. Unfortunately, failing to file within the appropriate length of time means that claimants will lose their right to sue along with their right to receive any form of compensation for the harm that they suffered.
What deadline applies to your claim? 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 lawsuits. However, certain exceptions could apply. Exceptions to statutes of limitations could toll or pause the applicable deadline. Exceptions to the statute of limitations will only apply under very certain circumstances.
To ensure that you have a thorough understanding of the applicable statute of limitations and of any exceptions that might apply, it is essential that you seek legal assistance immediately. You can trust the experts at our firm to provide you with the information that you need to file on time.
Contact Our Firm Today
Were you or a member of your family harmed by a defective product? Were you harmed by the stacked gourd jack-o-lantern decorations created by Mark Feldstein & Associates? If so, it is essential that you seek legal assistance as soon as possible – you might be able to hold the company accountable for the harm that you and your family suffered. If you are interested in exploring the possibility of pursuing a claim for the harm that you suffered because of the defective product, do not hesitate to contact our law firm at your earliest convenience – our lawyers are ready to provide you with all the information that you need to pursue your product liability claim.
Unfortunately, many people never pursue any legal action because they are afraid of the costs associated with getting legal assistance. At Normandie Law Firm, we believe that everyone should have access to the appropriate legal assistance; therefore, we offer free legal services. Our free legal services 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. This allows affected parties to have access to the necessary legal assistance without ever having to worry about legal expenses. If you would like to benefit from our free legal services, do not hesitate to contact our law firm at your earliest convenience.
Our free legal services are available as part of our Zero-Fee guarantee. This ensures that our clients will never be required to pay anything for any of our legal services. Our firm is also strictly based on a contingency structure, meaning that our clients will never 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.
Are you ready to discuss your claim withy the expert product liability lawyers at our law firm? If so, do not hesitate to contact us at your earliest convenience. We are ready to provide you with the guidance that you need to take legal action against Mark Feldstein & Associates for the harm that you suffered.
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