New Jersey Lawyer News
CHILD’S DEATH PROMPTS RECALL OF IKEA BLINDS
On November 20, 2008 IKEA and the U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall of the IRIS and ALVINE Roman Blinds, sold exclusively at IKEA stores nationwide. Approximately 670,000 units of these blinds have been sold nationwide between July 2005 and June 2008 according to the CPSC. In its recall notice, the CPSC advised that all consumers should immediately stop using this product and return the blinds to any IKEA store to get a full refund. (To read the full U.S. Consumer Product Safety Commission’s press release, please click here.)
According to the CPSC, one infant death and one serious injury have been linked to the recalled blinds so far. On April 4, 2008, a 1 year old infant in Connecticut became entangled in the cord of the blinds and strangled to death.
In New Jersey, and other jurisdictions, consumers seriously injured as a result of defective products may bring a lawsuit against the manufacturers based on a claim of product liability. Product liability is type of cause of action that holds manufacturers responsible or liable for injuries, death and economic harm caused by a defective product. Under products liability, a product may be held defective based upon a defective design or through a defect or negligence in the manufacturing process. The victims of a defectively designed or manufactured product may seek compensatory damages for pain, suffering, loss of the enjoyment of life, lost income and medical bills, among other losses. Additionally, depending upon the facts and circumstances of a particular case, punitive damages may be sought from those responsible for the defective product. In products liability litigation, the parties named as defendants in such lawsuit typically are any company or party that had a roll in placing the defective product into the “stream of commerce.” Thus, designers, manufacturers, distributors and retailers, among other parties, may be sued as defendants in a products liability lawsuit. Any defective product introduced into or allowed to remain in the stream of commerce that causes injury may be the subject of a products liability claim. Such products may include any defective product including, but not limited to, toys, household appliances, cars, trucks, buses, airplanes, bicycles, tools, pharmaceutical products such as medications and medical devices, and basically any defective product that causes injury to a foreseeable user of the product. Additionally, products liability claims may be based on the failure to provide appropriate warnings concerning the proper use of, risk of injury, hazards, side effects and contraindications (if applicable), and other pertinent safety information associated with the use of the product in question.
In every jurisdiction, a lawsuit premised upon a defective product or products liability must be filed within a certain time frame, or statute of limitation, or such a claim will be barred forever. In New Jersey, such lawsuits must be filed within two (2) years from the date of injury or two years from the date on which the Plaintiff learns or should have learned through the exercise of reasonable diligence or investigation that his or her injury was caused by a defective product or due to the negligence of another party. If filed even one day too late beyond the applicable statute of limitations, the unfortunate victim's lawsuit will be dismissed as untimely.
Because of the many complexities involved in the the proper investigation and prosecution of products liability cases, consumers seriously injured as a result of a product they believe may be defective should consult with an experienced trial lawyer as soon as possible. There are many articles published on the Internet concerning consumer rights and personal injury litigation, however, there is certainly no substitute for a consultation about your rights and potential remedies with an experienced, qualified attorney.
This article is intended for general informational purposes only. This article is not intended to be a substitute for a consultation with an experienced lawyer. If you would like a free consultation with one of the trial lawyers at Shapiro & Sternlieb, LLC, please call 732-617-8050 or toll free 888-432-4LAW (4529).