On August 2019, 2020, Lithonia Lighting issued a recall for their CFMK Surface Mount Brackets. According to the recall, number 20-167, the brackets can fail to effectively and securely surface mount the CPANL LED and fall unexpectedly; this poses a significant risk of injury from impact to consumers. The recall has affected approximately 318,500 products in the U.S.
The recall specifically involves the metal CFMK H-Brackets that are designed to be screwed into the ceiling and used to surface mount CPANL LED fixtures. The recalled bracket was included as an optional mounting accessory with the 1×4, 2×4, and 2×2 CPANLs (sold by retailers); it was also available separately as an accessory for the CPANL LEDs (sold by commercial distributors).
The CFMK Brackets which came with the CPANL LEDs were available at Lowe’s stores (and online at Lowes.com) as well as other home improvement stores nationwide from August 2018 through June 2020 for prices ranging between $85 and $100. The CFMK Brackets that were sold separately were available from commercial electrical distributors from January 2019 through June 2020 for about $12 each.
According to the recall, the company has received at least 24 reports of the CPANL LEDs loosening or falling from the CFMK Bracket; there has been at least one report of injury associated with the recall. However, it is possible that there have been many unreported incidents.
The company is urging all affected consumers to immediately stop using the CPANL LEDs that have been surface mounted with the recalled CFMK Brackets and contact them for a free bracket repair kit. Affected consumers are being urged to prevent people from going into or being near the area under the fixtures until a repair has occurred.
What should you do? Should you follow the recommendations of the company? If you or a member of your family suffered harm associated with the defective product, you should not agree to a free repair kit. Instead, you should explore the legal options available to you. If you are interested in learning more about your right to sue, do not hesitate to seek legal assistance as soon as possible.
If you or a member of your family suffered harm associated with a defective product, you might have grounds to sue based on the concept of product liability. For more information about your right to sue, do not hesitate to seek legal assistance with the experts at Normandie Law Firm as soon as possible. Our product liability lawyers are ready to provide you with the guidance that you need to reach a successful claim outcome. If you are interested in discussing your current situation with the experts at our firm, contact us today.
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The Risk of Injuries
As explained above, the recalled brackets can fail to securely mount the CPANL LED causing it to fall suddenly. This represents a risk of injury to anyone who is sitting, standing, or simply walking by the area immediately under the CPANL LED. If the CPAN LED suddenly falls, it can impact unsuspecting individuals and cause significant harm. Some of the injuries that affected parties could suffer include the following: head injuries, traumatic brain injuries, neck injuries, back injuries, spinal cord injuries, fractures, crushing injuries, lacerations, and nerve damage, for example. Regardless of the specific harm that you or a member of your family suffered due to the defective product, you might have grounds to sue.
Product Liability and Your Right to Sue
Your right to sue is based on the concept of product liability – that is, companies owe their consumers a specific duty of care. The companies that manufacture products and make them available to consumers have a duty to ensure that their products are completely safe for their consumers to use. They must thoroughly test and inspect their products to be able to identify and address any of the defects or hazards present. When companies fail to do this, they are breaching their duty of care toward their consumers. A breached duty of care can cause incidents which can result in harm. Based on product liability, any time that a breached duty of care leads to harm, the company could be liable. This means that affected consumers (and their families) could sue the negligent companies that contributed to the harm suffered. If you are interested in learning more about your right to sue based on the concept of product liability, you should contact the experts at our firm immediately.
What Should You Do after being Harmed by a Defective Product?
If you or a member of your family suffered harm associated with a defective product, you should do some of the following:
- Seek medical care for any injuries resulting from the incident (even if you do not believe that your injuries are severe)
- Take photos of your injuries
- Take photos of the defective product
- Take photos of the entire scene of the incident (to get a better understanding of the incident)
- Contact the company to report the incident and the harm suffered
- Never agree to a free repair, free replacement, refund, or return
- Speak to witnesses present at the time of the incident
- Gather any video surveillance footage that captured the incident
- Gather all medical records
- Gather records associated with the purchase of the defective product
- Gather any records of property damage (if relevant)
- Seek legal assistance as soon as possible
Could You Recover Compensation?
Based on the details surrounding your product liability claim against Lithonia Lighting or any other negligent company, you might have grounds to recover monetary compensation. Based on the details of your claim, you could be eligible to recover compensation for all or some of the following:
- Medical expenses
- Lost wages
- Property damages
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
For more information about the type and amount of compensation that you could be eligible to receive if your claim is successful, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to evaluate your claim and aggressively fight for your right to recover the maximum amount of compensation available for your claim. Do not hesitate to contact our firm today to learn more about the type and amount of compensation that you can recover.
You Must File Your Claim Quickly
In California, product liability claims are subject to a statute of limitations which determines the total length of time that claimants have to sue. More specifically, product liability claims are subject to a two-year statute of limitations. This means that claimants only have two years to file their claims. If claimants do not file their claims within the time allowed by the applicable statute of limitations, claimants could unfortunately lose their right to sue. However, it is important that all claimants know that exceptions could apply to the statute of limitations – exceptions that could toll or pause the deadline that applies to their claim. To ensure that you have a thorough understanding of the time that you have to sue, contact our firm today.
Contact Normandie Law Firm Today
At Normandie Law Firm, our experts are committed to providing victims and their families with the representation that they need to reach a successful claim outcome and recover the compensation that they deserve. Our firm offers free legal services, which includes free consultations and free second opinions. During our free legal services, our defective product attorneys will be available to answer all your questions and address all your concerns – our knowledgeable product liability lawyers will provide you with all the information that you need to either begin or continue your claim against the negligent company. If you would like to benefit from our free legal services, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
Our firm also offers a Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. In addition, our firm is based on contingency; therefore, our clients will not be required to pay anything until after reaching a positive claim outcome. If you do not win, you will not be responsible for paying anything.
Would you like to discuss your right to sue with the experts at our firm? If so, contact us today.
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