When we purchase products, we expect to be able to use them as intended without suffering any type of harm. Unfortunately, that is not always the case. Some companies fail to address the hazards present in their products – resulting in their consumers being put at risk of suffering significant harm.
That is what recently happened with products that are specifically designed for children. RH had to issue a recall for their children’s chairs and stools. The products were determined to be unsafe for consumers – especially for children. More information regarding the recall can be found below.
About the Recall
RH recently issued a recall for their chairs and stools – which are designed for children’s use. The children’s chairs and stools were recalled because the red paint that was used on them was found to contain high levels of lead – levels of lead that violate federal regulations. The recall applies to approximately 3,200 units sold in the United States over more than a six year period (from October 2012 to May 2019). The RH children’s chairs and stools were sold at RH Baby & Child (in-store and online), RH Teen stores (in-store and online), RH outlets, and RH warehouses. The defective chairs were sold at prices ranging from $40 to $130.
The following products are included in the recall. Note that all affected products are painted red.
- Play Chair (103480DRED)
- Play Stool (103522DRED)
- Step Stool (111081DRED)
- Tall Play Chair (103481DRED)
- Tall Play Stool (103521DRED)
According to the recall, no harm has been reported. The recall recommends that all consumers who have the defective product in their homes to stop using the product, keep them out of the reach of children (to limit exposure to the lead paint), and contact the company for a refund.
Do you have the recalled chairs or stools in your home? Did your child suffer health issues as a direct result of the exposure to the lead in the paint used on the products? Should you follow the recommendations set out by the company and their recall?
If you or your child suffered any type of harm as a direct result of being exposed to lead in the RH chairs or stools that were recently recalled, it is important that you do not follow the suggestions of the company (besides stopping the use of the products). Instead of contacting the company for a refund, it is essential that you seek the expertise of an attorney immediately – as you might have grounds to sue for the harm that you or your child suffered.
Specifically, suffering harm as a direct result of a defective product could give you grounds to file a product liability claim. For more information about your right to file a product liability claim after being harmed by a defective product, do not hesitate to contact the experts at Normandie Law Firm. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims (including product liability claims) and helping victims and their families to recover the compensation to which they are entitled. If you would like to learn more about the possibility of pursuing a claim with the guidance of our lawyers, do not hesitate to contact our firm immediately.
How Can Exposure to Lead Harm You and Your Child?
Exposure to lead can affect everyone; however, young children are most at risk of suffering harm due to lead exposure. In general, exposure to lead (specifically when it leads to lead poisoning) can result in the following symptoms in children: weight loss; loss of appetite; nausea and vomiting; constipation; trouble with concentration; behavioral issues; headaches; metallic taste in the mouth; fatigue; muscle and joint weakness; pale skin. High levels of lead in the body could result in kidney damage and even brain damage in some cases.
In adults, symptoms could include issues with fertility, mood-related disorders, issues with concentration/memory, high blood pressure, headaches, abdominal pain, joint pain, and muscle pain, for example. Although children are more likely to be severely affected by lead poisoning and exposure to lead in general, exposure to lead could affect everyone – the symptoms associated with lead exposure and lead poisoning should never be taken lightly.
Establishing Liability against RH
Defective products should never be available for consumers to purchase. Unfortunately, defective products are being made available to consumers at all times – resulting in a significant risk of harm. All companies have a duty of care towards their consumers. More specifically, companies have a duty to ensure that all their products are completely safe for consumers to purchase and use. This means that companies have to do everything within their reach to ensure that their products are safe to be used. They must ensure that they inspect all products and subject products to vigorous testing before making products available for purchase. When companies fail to ensure that their products are completely safe for their consumers, they breach their duty of care and recklessly put their consumers at risk of suffering harm.
A defective product represents a breached duty of care – as the product shouldn’t have been defective in the first place. Whenever a defective product directly results in harm, the company could be held liable based on the breached duty of care towards consumers. However, companies can only be held liable for the harm resulting from product defects in labeling, design, or manufacturing. For more information about taking legal action for the harm resulting from defective products, do not hesitate to seek legal assistance with our experts as soon as possible.
You Could Sue and Recover Compensation
If your child suffered adverse health consequences as a result of the defective chairs or stools that were negligently made available to consumers by RH, you might have grounds to take legal action against the liable party. Depending on the specific details of the way that you or your child were harmed, you could be eligible to receive compensation.
Could you really be eligible to recover compensation? What type of monetary compensation could you be eligible to recover? How much compensation could you be eligible to receive if your defective product claim reaches a successful outcome? The details surrounding the type and amount of compensation that you could be eligible to receive will always depend on your case.
Some of the compensation available for recover could include the following:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Depending on the details of your claim and how you and your child were affected by the lead paint on the defective product, your claim could be worth anything from a few thousand dollars to millions. If you would like to gain a better understanding of the possible value of your claim, do not hesitate to contact our law firm as soon as possible. Our knowledgeable attorneys are ready to fight for your right to recover the highest amount of compensation available for your claim. Do not hesitate to contact us today.
What Should I Do to Prepare to File a Product Liability Claim?
If you are considering the possibility of pursuing a lawsuit against RH for the harm that you suffered because of their defective product, there are a number of things that you should do. Before you do anything, be aware of the suggestions made in the recall and do not follow said suggestions (with the exception of halting the use of the defective product).
To prepare to file a product liability claim, you should do the following:
- Seek medical attention for all harm suffered, ensuring to keep records of all medical care, diagnoses, and treatment costs
- Take photos of the defective chairs and stools
- Contact the company to report the defect as well as the harm suffered
- Do not return the defective product to the company
- Do not tamper or alter the defective product
- Do not agree to a repair
- Do not agree to a refund
- Collect all records associated with the purchase of the defective product (i.e. receipts, bank/card statements, etc.)
- Seek legal representation from an attorney experienced in product liability cases
For more information about the steps that you should take to prepare to file your claim against RH for the harm you and your child suffered due to the defective product, do not hesitate to seek legal assistance with our experts at your earliest convenience.
Statute of Limitations for Product Liability Claims
If you are interested in filing a product liability claim and holding RH liable for the harm that their defective product caused, it is essential that you have a thorough understanding of the statute of limitations that applies to your claim. First and foremost, what is a statute of limitations? A statute of limitations is a deadline that applies to all claims to determine the specific length of time that claimants have to file. In general, product liability claims are subject to a two-year statute of limitations (at least in the state of California). This means that claimants filing product liability claims only have two years to file before they lose their right to sue. Generally, the applicable statute of limitations is based on the type of claim being filed. However, certain details surrounding your claim could pause the applicable statute of limitations – essentially resulting in an extended time to pursue your claim. Because failing to understand the correct statute of limitations could result in losing the right to sue, the experts at Normandie Law Firm are always ready to help you understand the deadlines that apply to your claim. If you would like to learn more about the statute of limitations that applies to your claim, do not hesitate to contact our law firm at your earliest convenience.
Contact Normandie Law Firm
Did your child suffer adverse health issues as a direct result to exposure to the lead in the recently recalled RH children’s chairs and stools? If so, you might have grounds to pursue a claim. Specifically, you could pursue a claim against RH for the harm resulting from the defective product. If you would like to learn more about your right to pursue a claim, do not hesitate to contact the experts at Normandie Law Firm. The product liability experts at our firm have all the information that you need to take legal action against RH and fight for your right to recover compensation.
At Normandie Law Firm, we offer a variety of legal services which include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns – to ensure that you have access to all the information necessary to either start or continue your claim. Our free legal services are available as part of our Zero-Fee guarantee. Because of this Zero-Fee guarantee, our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also based on a contingency structure which ensures that our clients will never have to pay anything until after they win. If you are ready to speak with our lawyers and benefit from our free legal services, do not hesitate to contact us at your earliest convenience – we want to represent you and help you recover compensation.
