DownEast Outfitters Issues Recall for Folding Mattresses due to Violation of Flammability Standard

On July 22, 2020, DownEast Outfitters issued a recall for the Mattress on the Go folding mattresses. According to the recall, number 20-155, the mattresses fail to meet the federal flammability standard for mattresses, which is mandatory; therefore, the mattress represents a fire risk to consumers. The recall has affected approximately 1,600 products.

The recall specifically involves the Mattress on the Go folding mattresses, which can be used either as a small sofa or a chair. The mattresses are a two-tone gray color; they measure four inches when configured as a mattress. Only the twin mattresses are included in the recall. The mattress has a white tag located on the underside of the head panel with the following information: Downeast Home & Clothing, Item # 5540033515, and Made in China.

The defective folding mattresses were sold at DownEast stores nationwide; they were also donated to a number of facilities. The products were available from November 2017 through December 2019 for approximately $110.

According to the company, there have been no reported incidents or injuries. Regardless, the company is urging affected consumers to immediately stop using the mattresses and contact the company to receive a free fitted liner to cover the liner – and bring the mattress into compliance with the federal flammability standard.

Do you own the recalled mattress? Should you agree to receiving a free fitted liner for your mattress? The answer to this question depends on whether you or a member of your family were harmed because of the defective product. If the defective product directly contributed to the harm that you or a member of your family suffered, you should not consider following the recommendations made by the company; instead, you should consider taking legal action against the company that made the defective product available for consumers. Based on the details surrounding the incident (and the harm that you or a member of your family suffered), you might have grounds to file a product liability claim.

If you are interested in learning more about your right to file a product liability claim against DownEast Outfitters for the harm that you or a member of your family suffered due to a defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as soon as possible. At Normandie Law Firm, our lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. Our product liability lawyers are ready to help you sue DownEast Outfitters for the harm that you or a member of your family suffered. If you are ready to speak with our experts, contact Normandie Law Firm today.

Understanding the Risk Associated with the Defective Product

In 2007, the Federal flammability standard was implemented. The standard requires mattresses manufactured and imported in the country to meet a strict performance standard; it is designed to reduce the severity of mattress-related fires. Why is this so important? Most house fires start in the kitchen; however, the second-leading location of house fires is the bedroom. More specifically, fires that start in the bedroom are often associated with children playing with fire near mattresses and bedding – which can quickly ignite and contribute to the spread of the fire throughout the room and the rest of the house.

Because the recalled mattresses fail to meet the flammability standard, consumers at risk. If there is a fire, they could suffer significant burn injuries. They could also suffer smoke inhalation injuries. Oxygen deprivation, loss of consciousness, and brain damage are also likely. Without a doubt, death is also a possible outcome of a fire and fire-related injuries.

About Product Liability and Your Right to Sue

Based on the details surrounding the incident and the harm that you or a member of your family suffered, you might have grounds to sue. Specifically, you might have grounds to sue based on the concept of product liability. Based on product liability, companies owe consumers a duty of care – a duty to ensure that products are safe for consumers to use. Because of this, companies have to test and inspect their products to be able to identify and address any defects present. If companies fail to do this, they are breaching their duty of care; therefore, they could release defective products to consumers. Defective products could contribute to incidents which could directly harm consumers.

Because of product liability, the companies that make defective products available to consumers could be liable for all the harm resulting from defective products. This means that affected consumers could sue for the harm that they suffered. Specifically, consumers could pursue product liability claims against the companies that negligently made defective products available for consumers. 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 as soon as possible.

You Could Sue and Recover Compensation

As mentioned above, you might have grounds to sue based on the concept of product liability. If you pursue a claim, you could also be eligible to recover compensation for the harm that you or a member of your family suffered – that is, if your claim is successful. You could be eligible to recover compensation for some of the following:

• Medical expenses
• Lost earnings
• Pain and suffering
• Property damage
• Funeral and burial expenses
• Loss of consortium
• Punitive damages

The type and amount of compensation that you could be eligible to recover will always be based on the details surrounding the incident, the harm suffered, and, essentially, the entire claim. Because of that, you must discuss your claim with an experienced lawyer as soon as possible to learn more about the compensation that you could be eligible to recover. When you allow the product liability lawyers at our firm to handle your claim, you can trust that you will have someone aggressively fighting for your right to recover the highest amount of compensation available for your claim. Our product liability lawyers will not rest until you receive the compensation that you are owed.

What Should Consumers Do?

If you or a member of your family suffered harm associated with a defective product, such as the defective mattress recalled by DownEast Outfitters, there are a number of things that you should do to ensure that you preserve your right to pursue a claim. What should you do? Consider some of the important suggestions listed below:

• Take photos of all visible injuries
• Take photos of the property damage resulting from the incident
• Take photos the defective product
• Seek medical care as soon as possible
• Contact the company to report the incident and the harm suffered
  • Do not agree to a free replacement or a free repair
  • Do not agree to a refund
• Do not agree to return the defective product under any circumstances
• Speak to any witnesses present at the time of the incident
• Collect any surveillance footage that might have captured the incident
• Gather all relevant medical records
• Gather purchase records associated with the defective product
• Seek the legal assistance of a product liability lawyer as soon as possible

By following the steps listed above, affected consumers are gathering the tools necessary to hold the negligent company accountable for the harm caused by their defective products. If you would like to learn more about the importance of following the steps listed above, do not hesitate to contact the experts at our firm as soon as possible.

Filing the Claim on Time

How long do you have to file your claim against DownEast Outfitters for the harm that you or a member of your family suffered associated with the recalled mattresses? In California, product liability claims are normally subject to a two-year statute of limitation, meaning that claimants have two years to pursue their claims. If claimants fail to file their claims within the time allowed by the statute of limitations, they will lose their right to sue. It is possible for exceptions to the statute of limitations to apply, potentially tolling or pausing the time available to sue. If you would like to learn more about the time that you have to pursue your claim, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.

Contact Our Firm Today

At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. If you were harmed by a defective product, such as the defective mattresses recalled by DownEast Outfitters, you could pursue a product liability claims. If you are interested in exploring your legal options and your right to sue, do not hesitate to contact the experts at our firm as soon as possible. Our lawyers are ready to help you reach a successful claim outcome.

Our firm offers free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our product liability lawyers will be available to answer all your questions and address all your concerns. Our lawyers will evaluate your claim and provide you with the guidance that you need to file and recover the compensation that you deserve. Are you interested in benefiting from our free legal services? If so, do not hesitate to contact our firm today.

Our firm offers a Zero-Fee guarantee which ensures that our clients will not be required to pay any upfront legal fees for our legal services. We also offer a strict contingency structure; therefore, our clients will not have to pay anything until after their claim reaches a successful outcome. If you do not win, you will not pay.

If you are ready to discuss your claim with the product liability lawyers at our firm, do not hesitate to contact us today.

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