The U.S. Consumer Product Safety Commission (CPSC) announced a recall involving Kidde TruSense Smoke Alarms and Combination Smoke/Carbon Monoxide Alarms. The recalled products are Kidde Model Series 2040, 2050, 2060, and 2070 Smoke and Combination Smoke/Carbon Monoxide alarms. CPSC said only alarms with the TruSense logo printed on the front of the alarm are subject to this recall.
Where Do People Use Kidde TruSense Smoke Alarms?
Kidde is one of the world’s largest manufacturers of fire safety products. In this recall, the company says the recall involves about 226,000 smoke alarms and combination smoke/carbon monoxide alarms. If you do not have one of these installed at your home, it may be used in your place of business.
Kidde TruSense Smoke and Combination Smoke/Carbon Monoxide alarms purchased from 2019 through 2020 are subject to recall.
Kidde has made available an online guide to identifying affected models with photographs that will help you to verify whether you have one of the recalled products and, if you do, what to do. You can also follow the CPSC link above for more information on what to do about the defective product.
Do You Need A Lawyer After A Product Recall?
If you or your family has suffered an injury involving the recalled Kidde TruSense Smoke Alarms and Combination Smoke/Carbon Monoxide Alarms, then you may have the case of a defective product. Texas law provides that if you suffer injuries because a product you used was defective, then you may be eligible to receive compensation for your injuries if you can meet the requirements. Cases like these are complicated because proving a product defect can be technically and factually complex, requiring the assistance of an experienced defective products lawyer.
Can You File A Product Liability Lawsuit For Smoke Alarm Defects?
Design or manufacturing defects can make a smoke alarm defective. If a smoke alarm fails to detect smoke or work properly, and you suffer harm as a result of the defect, you may be eligible to seek compensation by filing a product liability lawsuit. You may also have a claim against the manufacturer if they fail to provide adequate warnings or instructions.
For example, if an error occurs during the manufacturing process, a smoke alarm may fail to sound for ten to 15 minutes after detecting smoke, giving people in the building less time to get out safely. This could lead to avoidable injuries.
When any defects cause injuries or harm, affected individuals may be able to pursue a product liability lawsuit against the manufacturer and other liable parties. However, before filing a lawsuit, it is vital to understand the type of defect that caused your injuries.
Broadly speaking, defects can fall into three categories:
- Design defects
- Manufacturing defects
- Inadequate instructions/warnings
Proving that a smoke alarm—or any other product, for that matter—is defective can be a daunting task. That is why it is vital to hire a lawyer who would work with industry experts to determine why the smoke alarm malfunctioned and demonstrate evidence proving that the product is defective.
Who Can Be Liable For Smoke Alarm Defects?
Determining liability is one of the most complicated tasks in any product liability case. In many cases, there are several liable parties.
Depending on the facts in your case and the type of defect that caused you harm, you may pursue a lawsuit against:
- The company that designed the smoke alarm
- The company that manufactured the smoke alarm
- A company that produced defective parts for the product
- The seller that sold the defective product
- The wholesaler, distributor, and other parties in the chain of distribution
- The property owner who installed the defective smoke alarm or failed to inspect or maintain the device
In most cases, people who suffer injuries due to smoke alarm malfunction need a lawyer on their side to conduct a comprehensive investigation and identify liable parties. An attorney should have extensive experience and the necessary resources to handle a potential product liability case involving a defective smoke alarm.
What Compensation Is Available in Product Liability Cases?
The damages in a product liability case or the amount of compensation an injured victim deserves varies from one case to another.
Depending on the severity of your injury and other factors, in a product liability case involving a defective smoke alarm, you may recover:
- Economic damages, including hospital costs, medical expenses, lost wages, property damage, and other tangible losses.
- Non-economic damages, including loss of enjoyment of life, emotional distress, pain and suffering, disfigurement, and other intangible losses.
- Punitive damages may go to a victim to punish the defendant for egregious conduct.
Consult a skilled lawyer to assess your damages and losses and calculate the value of your product liability claim.
What Can A Lawyer Do For You In A Defective Product Claim?
When you hire the services of an experienced lawyer, he or she will first determine whether you have a case for injuries because of a defective product – in this case, that you used and either of the recalled products and suffered injuries as a result.
When you have a lawyer to help you file your claim to get the fullest compensation possible, you will also be helping to increase awareness and positive changes in product safety that can save other consumers in the future.
Talking to one of our lawyers the soonest will ensure that you do not miss strict deadlines that control the filing of defective product cases. You miss this deadline, that is it, you will not be able to recover any money for your loss and suffering.
Filing a product liability case is a complicated process. You need an experienced San Antonio defective product lawyer with the resources to do what is necessary to obtain maximum compensation for you.