Transform Issues Recall for Chests due to Tip-Over and Entrapment Risks

On August 11, 2020, Transform issued a recall for the Essential Home Belmont 2.0 four-drawer chests. According to the recall, number 20-161, the recalled drawer chests are unstable and ca tip over if they are not anchored to the wall; this represents a serious tip-over and entrapment risk to children, possibly resulting in injuries or death. The recall has affected approximately 19,900 products.

The recall specifically involves the four-drawer chests with plastic drawer glides as part of the Essential Home brand sold by Transform; the affected model was the Belmont 2.0. The affected drawer chests measure approximately 29.8 inches tall and 27.7 inches wide; the drawer chests were available in white, walnut, pine, and black. The recalled products were manufactured by Kapesberg Moveis and are associated with model number F214; both the manufacturer’s name and the model number can be found on the instruction manual that came with the drawer chest.

The drawer chests, which were sold exclusively at K-Mart, are associated with the following details:

• Black drawer chest
  • Kmart Item # 01832577-9
  • Manufacturer Model # F214-PRF
  • UPC 7-89515563264-9
• Pine drawer chest
  • Kmart Item # 01832593-6
  • Manufacturer Model # F214-MEF
  • UPC 7-89515563273-1
• Walnut drawer chest
  • Kmart Item # 01832637-1
  • Manufacturer Model # F214-WAF
  • UPC 7-89515563285-4
• White drawer chest
  • Kmart Item # 01833166-0
  • Manufacturer Model # F214-BRF
  • UPC 7-89515590807-2

As mentioned above, the defective drawer chests were available via Kmart. They were available both in-store and online (via Kmart.com) from March 2018 through April 2020; the chests were sold for approximately $60 each.

According to the recall, no incidents or injuries have been reported. However, consumers are being urged to immediately stop using the recalled chests (if they are not properly anchored to the wall) and place them in an area inaccessible to children. Consumers that purchased the product on or after February 11, 2019 can contact the company to receive a free anchoring kit and a one-time free in-home installation of the kit. Consumers that purchased the product before February 11, 2019 can contact the company for the free anchoring kit.

Have you been affected by the recall? Do you have the defective product in your home? If so, should you follow the recommendations made by the company? Should you simply contact Transform for a free anchoring kit? If the defective product did not result in any harm, it makes sense to simply address the danger and move on. However, if the defective drawer chest directly contributed to the harm that your child suffered, agreeing to a free anchoring kit could be counterproductive.

In cases in which the defective product directly caused harm, consumers should not follow the suggestions made by the company (besides the obvious actions necessary to prevent additional harm to consumers, such as placing the product in an area inaccessible to children). Rather, consumers should explore the legal options available to them. What can you do if your child suffered harm associated with a defective product? Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to sue – specifically, 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, do not hesitate to seek legal assistance with the experts at our firm immediately. Normandie Law Firm is a personal injury law firm with many years of experience handling a variety of claims – including product liability claims. Our lawyers are dedicated to representing all consumers, helping them recover the compensation that they are owed. Would you like to discuss your claim with the product liability experts at our firm? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.

The Tip-Over and Entrapment Risk

Drawer chests are among the products that are most often recalled – usually associated with the same danger to consumers. Drawer chests can become unstable (typically due to weight distribution) when the drawers are open and a young child climbs on the drawer chests. Drawer chests normally tip-over towards the child; therefore, they fall forward onto the child. The initial tip-over can, without a doubt, cause a number of injuries, including fractures, lacerations, head injuries, and traumatic brain injuries, for example. However, affected children could also become entrapped under the drawer chest; entrapment can lead to additional injuries, including suffocation, oxygen deprivation, and brain damage. Although many affected children survive the initial injuries caused by the tip-over, they do not survive the entrapment. Whether your child suffered temporary injuries, permanent injuries, or lost his or her life, you must be aware that you might be eligible to pursue a product liability claim based on the specific details surrounding the incident.

What is Product Liability?

Did your child suffer harm associated with a defective product? If so, you might have grounds to pursue a product liability claim. Specifically, you might have grounds to pursue a product liability claim if your child suffered harm associated with a defect in the product’s design, labeling, or manufacturing. This is because, based on product liability, companies owe their consumers a duty of care – they must ensure that their products are free of any hazards and completely safe for their consumers to use. They must test and inspect their products; doing so allows companies to identify and address the hazards present in their products. When companies fail to exercise their duty of care and ensure that their products are completely safe for consumers, they are breaching their duty of care. A breached duty of care can directly lead to an incident, which can harm consumers. When the harm that consumers suffer is directly caused by a breached duty of care, the company could be liable.

Based on product liability, companies could be liable for the harm caused by their defective products. This means that affected consumers have the right to sue the liable companies. More specifically, affected consumers could file product liability claims. 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. Our lawyers will help you understand your right to pursue a claim.

You Could Be Awarded Compensation

Based on the details surrounding your claim, you might be eligible to recover monetary compensation for the harm that your child suffered. Some of the compensation that you and your family could recover include the following:

• Medical expenses
• Lost earnings
• Pain and suffering
• Loss of consortium
• Funeral and burial expenses
• Punitive damages
• Legal fees

If you would like to learn more about the type and amount of compensation that you could be eligible to recover, 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 help you gain a thorough understanding of the potential value of your claim. When you allow the product liability experts at our firm to handle your claim, you can trust that our lawyers will not rest until you are rightfully compensation.

What Should Affected Consumers Do?

Without a doubt, it can be difficult to think clearly after your child suffered harm due to a defective product. However, it is important for parents to stay calm and act accordingly; it is normal to feel overwhelmed, but there are a number of things that you should do to ensure that you can bring forth a claim against the negligent company that released the defective product.

What should you do? Consider some of the recommendations listed below:

• Seek medical attention
• Take photos of the scene of the incident (before moving anything)
• Take photos of the harm that your child suffered
• Take photos of the defective product
• Place the defective product in a place without access to children
• Contact the company to report the incident and the harm suffered
  • Do not agree to a refund
  • Do not agree to a free repair kit
  • Do not agree to a free replacement
  • Do not agree to return the defective product
  • Do not agree to dispose of the defective product
• Speak to any witnesses
• Collect any video evidence available (including nanny cam or baby monitor footage)
• Gather all relevant medical records
• Gather purchase records associated with the defective product (including receipts, statements, shipping confirmations, etc.)
• Seek legal assistance immediately

For more information about the steps that you should follow after your child suffered harm associated with a defective Transform four-drawer chests, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.

The Statute of Limitations

Although you might have the right to sue for the harm that your child suffered due to a defective product, you could lose your right to sue if you do not file your claim within the appropriate length of time. This is because all claims are subject to a statute of limitations, which determines the time that claimants have to pursue their claims. If claimants do not file their claims within the appropriate length of time, they simply lose the right to take any legal action for the harm caused by the defective product.

How long do you have to file? Product liability claims (in the state of California) are subject to a two-year statute of limitations. This means that claimants only have two years to pursue their claims; if they fail to file their claims on time, they will simply lose their right to sue. However, it is possible for exceptions to apply – especially in cases involving children. In cases that involve children, the statute of limitations could be tolled or paused until the child reaches an adult age. In other words, if the child survives, he or she will be able pursue a claim independently after becoming an adult (that is, if parents have not already pursued a claim).

If you would like to learn more about the total length of time that you have to pursue your product liability claim against Transform, do not hesitate to seek legal assistance with the experts at our firm immediately.

Contact Normandie Law Firm Today

At Normandie Law Firm, our lawyers are ready to provide you with the guidance that you need to hold the negligent company accountable for the harm that your child suffered due to the defective Transform four-drawer chest. If you would like to discuss your claim with the product liability experts at our firm, do not hesitate to contact our firm today. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome and recover the compensation that you deserve.

We offer 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 product liability lawyers are ready to provide you with all the information that you need to pursue your claim against the negligent company. Would you like to benefit from our free legal services? If so, do not hesitate to contact us and request to speak with our lawyers.

Our firm offers a Zero-Fee guarantee, which ensures that our clients will not be eligible to pay upfront legal fees for our legal services. Our firm is also based on a strict contingency structure therefore, 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 – you can be certain of that.

Are you ready to discuss your product liability claim with the experts at our firm? If so, contact Normandie Law Firm today.

Other Pages on Our Website Related to This Topic
Aromatics International Reccalls Essential Oil
Active Brands Recalls Helmets
Capstone Holding Recalls Simply Earth Wintergreen Oils