Though most of the product recalls we write about involve items that were manufactured fairly recently, there is nothing that bars a recall being issued long after it was first created. Depending on the item it is possible that it will present a danger to individuals for decades. This is illustrated in the death of two children who became locked in a hope chest earlier this month in another state.
The children’s parents found the kids locked in a hope chest located in one of the bedrooms. Though emergency responders were called to the scene after they were discovered, they nonetheless died of asphyxiation. The chest, which locked from the outside, was purchased by the family years earlier, secondhand. It was made in 1939.
Chests made by the manufacturer between the years of 1912 and 1986 were previously recalled for this very reason. This most recent tragic incident is once again reminding individuals who own chests similar to the one involved that they need to take steps to make sure the same thing does not happen to children in their home.
In situations where something about a product results in an injury or death, it is possible that a products liability lawsuit could be filed. There are several things that could serve as a basis of such a lawsuit including the product’s design. If a lawsuit was filed in this situation, that basis would likely be appropriate. These lawsuits are often complicated and require the assistance of someone who understands how they work. In most cases a lawyer who handles such cases is a good place to start.
Source: Fox News “Hope chest in Massachusetts children’s death was part of recall,” Jan.15, 2013
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Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Every case is unique, and laws are subject to change. Reading this article does not create an attorney-client relationship. Please consult with a qualified attorney regarding your specific legal situation.
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