CPSC and Big Lots Recall 30,000 Metal Futon Bunk Beds after Fatal Entrapment
The U.S. Consumer Product Safety Commission (CPSC) and the Columbus, Ohio-based home goods company Big Lots have announced the recall of around 30,000 metal futon bunk beds due as the result of an entrapment hazard made legitimate by the death of a 3-year-old Iowa boy.
The entrapment hazard threatens the safety of any child who places themselves behind the futon or in the area of the ladder when the futon is lowered into the flat position.
The aforementioned 3-year-old boy fell victim to these circumstances in March of 2010 when his head and neck became entrapped by the heavy metal frame of the futon.
The weight prevented him from breathing or escaping. CPR was performed and he was transported to the hospital, where he died from compression asphyxiation.
Another entrapment hazard exists in the narrow space between the last ladder rung and the futon mattress, where a child’s body may fit through, but their head and neck may become entrapped.
The affected metal bunk beds were sold from January 2009 through April 2010 across the nation for approximately $200. They have a twin-sized upper bunk and a convertible futon bed as the bottom bunk, which is on a metal frame.
The model number is BFB1008 and is on a label attached to the top bunk support rail.
To prevent any Nevada product defects injuries, all owners of the defective Big Lots metal futon bunk beds must immediately refrain from using them and contact Big Lots for an at-home repair kit at no charge.
For additional information, Nevada owners may contact Big Lots at 866-244-5687 or send them an email at talk2us@biglots.com.
Product manufacturers, regardless of the type of product they produce, have a responsibility to consumers to produce products that are safe, efficient, and of good quality.
Cutting corners, not using quality material, or not properly testing products, for the purpose of distributing them faster or cutting costs, can potentially cause serious injury to consumers.
Who’s Libel in a Product Liability Case
Product liability cases are ones in which a company is liable for the harm caused by a product it sold. In a product liability case, someone who has suffered an injury or other damage as a result of using the product can bring a legal claim against the company that made and/or sold the product.
This type of lawsuit generally holds the manufacturer, designer, supplier, distributor, or retailer liable for the injuries that were caused by the product.
The person bringing the lawsuit must prove two things: first, that the product was defective and, second, that this defect caused the injury.
In order to win a product liability case, the plaintiff must also show that the company knew or should have known about the risk posed by the product and did not take reasonable steps to address it.
How Do You Prove Damages in a Product Liability Case
When it comes to proving damages in a product liability case, it depends on the type of product and the extent of the harm caused by the defective item. In a product recall such as Big Lots recalling 30,000 metal futon bunk beds, there are several ways a plaintiff can demonstrate that they were harmed by the defective product.
The first way to prove damages is through medical records and treatment. If the plaintiff had to seek medical attention due to the defective product, they will need to provide copies of their medical records that demonstrate the harm caused by the product.
The second way is through expert testimony. An expert witness may be called in to testify on behalf of the plaintiff and explain how the defective product caused their injuries.
Finally, a plaintiff can demonstrate damages by showing lost wages, as well as any other costs associated with the injury. This includes medical bills, travel expenses, and other costs associated with seeking medical attention and treatment.
At Shook & Stone, our experienced Las Vegas defective product lawyers can help you and your family seek compensation for medical costs, lost wages, pain and suffering and other losses and damages that result from your injury. Contact one of our attorneys today for a free consultation and to learn more about exercising your legal rights at 702-570-0000.
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