According to the U.S. Consumer Product Safety Commission, Delta Enterprise Corp. announced a recall of its 2-in-1 Outdoor Kids Swing after receiving multiple reports of restraint strap failures, as stated by the Consumer Product Safety Commission (CPSC). The defective straps present a considerable safety hazard, increasing the likelihood of children falling out of the swing.
The CPSC report indicated that over 43,000 units were sold at Walmart stores across the country and online from March 2022 to October 2022.
The recall concerns the following model numbers:
Customers are advised to stop using the affected swings and to contact Delta Enterprise to receive free replacement straps. Delta Enterprise Corp. can be contacted through email at email@example.com.
What is a Voluntary Product Recall?
A voluntary product recall is a proactive measure taken by a manufacturer or a company to remove a potentially hazardous or defective product from the market. This action is initiated by the company itself rather than being mandated by a regulatory agency. The purpose of a voluntary recall is to protect consumers from potential harm or injury and to minimize any negative consequences associated with the product. In a voluntary recall, the company typically provides information on how customers can return the product, receive a refund or replacement, or obtain repairs if necessary.
How to File a Product Liability Lawsuit After Sustaining Injuries from a Defective Consumer Product
Filing a product liability lawsuit after sustaining injuries from a defective consumer product involves several steps. If you or a loved one has been injured due to a faulty product, consider taking the following actions:
- Seek medical attention: Your health and well-being should be your top priority. Visit a healthcare professional to assess and treat your injuries. Keep all medical records and documentation related to the injury, as these may be crucial in proving your case.
- Preserve the product: Retain the defective product, as well as any packaging, instructions, and receipts. These materials can serve as evidence in your lawsuit. Do not attempt to repair or modify the product, as doing so could jeopardize your case.
- Consult with an attorney: Seek legal advice from an experienced product liability attorney. They can help you understand your rights and determine if you have a valid claim. A skilled lawyer can also guide you through the legal process and represent your best interests.
- Gather evidence: Collect any relevant evidence, such as photographs of the defective product and your injuries, witness statements, and any correspondence with the manufacturer or seller. Your attorney may also recommend hiring expert witnesses to support your claim.
- File a complaint: Your attorney will draft a legal document called a complaint, outlining your allegations against the responsible parties, such as the product’s manufacturer, distributor, or retailer. The complaint will detail the nature of the defect, the injuries sustained, and the legal basis for seeking compensation.
- Engage in pre-trial discovery: During the discovery phase, both sides exchange information and evidence related to the case. This process may involve written questions, document requests, and depositions. Your attorney will assist you in navigating the discovery process.
- Negotiate a settlement or proceed to trial: Many product liability cases are resolved through settlements, where the parties agree on a compensation amount without going to trial. Your attorney will negotiate on your behalf to secure a fair settlement. If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will decide the outcome.
Remember that product liability laws and procedures may vary depending on your jurisdiction. It is essential to consult with a knowledgeable attorney who can guide you through the specific requirements and deadlines applicable in your area.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
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