COLUMBUS – A verdict has been reached in favor of a Columbus-based family, granting them a staggering $787 million in a wrongful death case. This information comes courtesy of local news outlet WBNS-10.
The court decision came about after a prolonged legal battle involving the tragic passing of 2-year-old boy. The victim lost his life over five years ago.
Legal representative for the family recounted the tragic events that took place on May 22, 2018. While engaged in play with his siblings in their shared room, the young boy sustained a fatal accident. The bunk bed in their room, which was procured from online retailer Wayfair, became the center of the incident.
According to the report, the young boy was climbing the bed, but sadly became wedged between the top step and guard rail. This unfortunate positioning led to positional asphyxiation, resulting in his immediate passing.
The traumatic event was horrendously witnessed by the boy’s mother and his two younger siblings which was beyond heartbreaking. .
Upon seeking legal guidance from an attorney, the family initiated an independent investigation. It was discovered that the bunk beds were produced by Moash Enterprise Company Limited, a Vietnamese firm, and made available on online shopping platforms, including Wayfair.
According to the family’s attorney, the safety concerns are associated with the bunk bed design. “The bed’s design flaw, which didn’t adhere to three key safety protocols, played a pivotal role in this tragedy. There’s absolutely no justification for the dangerous gap in the ladder,” he stressed.
The team, comprising the family and their legal counsel, pushed for the bed’s recall and its removal from online portals. While the product was indeed recalled on Dec. 22, 2022, it was alarming to find its presence on websites soon after. The family’s attorney expressed his disbelief and disappointment, saying, “Despite knowing the bed’s fatal design flaw, it’s shocking and deplorable that it was still available for purchase.”
In pursuit of justice, the family appealed for a jury trial against Moash, requesting the jury to decide on the damages. The result? The Boone family was awarded what might stand as one of the highest, if not the topmost, wrongful death verdicts in state history.
In cases like the one involving the tragic death of a child due to a faulty bunk bed design, several types of damages could be pursued. Here’s a list of potential damages:
- Compensatory Damages: These are designed to compensate the plaintiff for actual losses. Under compensatory damages:
- Medical Expenses: The family could pursue compensation for any medical bills incurred as a result of the incident.
- Funeral Expenses: Costs associated with the burial and funeral of the deceased.
- Loss of Companionship: Compensation for the emotional pain and loss experienced by family members.
- Pain and Suffering: For the mental anguish and emotional distress suffered by the family, especially given the traumatic way in which the child died.
- Loss of Future Earnings: An estimation of what the deceased might have earned throughout their lifetime, which can be a significant factor when considering young children and their unrealized potential.
- Punitive Damages: These are intended to punish the defendant for their misconduct and to serve as a deterrent for others. Given that the bunk bed had a fatal design flaw and was still found online even after being recalled, punitive damages might be considered appropriate in this case.
- Product Liability: The family could claim damages based on the theory that the bunk bed was a defective product. Manufacturers can be held responsible for design defects, manufacturing defects, or failure to provide adequate warnings.
- Loss of Consortium: This refers to the deprivation of the benefits of a family relationship due to injuries caused by the defendant. For instance, the loss suffered by the victim’s siblings or parents could qualify.
- Emotional Distress: Especially pertinent given that the siblings witnessed the tragedy. They might have grounds to claim damages for the emotional trauma they experienced.
- Incidental and Consequential Damages: These cover other unexpected costs resulting from the incident, such as therapy or counseling expenses for the family.
- Legal Fees and Costs: The family could also seek reimbursement for attorney fees and other expenses related to the lawsuit.
It’s important to note that the specific damages available and their potential amounts can vary based on jurisdiction, the specifics of the case, and the evidence presented. Always consult with a legal professional when considering or pursuing damages in a legal case.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products like this defective product. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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