Our defective product law firm is currently investigating Embark Resistant Band malfunctions resulting in significant harm to consumers. Injure parties have a right to seek compensation vial legal representation in single party lawsuits or part of class action claims. Significant injuries resulting from the defect in the resistant bands include, damage to the eyes resultign in partial or complete loss of vision, puncture wounds to the skull and forehead resulting in brain injury, facial lacerations, broken nose, and facial disfigurement. Embark Exercise Band Recalled Due Band Snapping and Causing Bodily Injury: On September 2011 the Consumer Product Safety Commission (CPSC) issued a general recall of nearly half a million Embark Resistant Bands sold at Target store nationwide. According to the recall report the black plastic ball attached to the resistance band can release striking the individual in the eye resulting in severe ocular injuries including blinding. Filing a Class Action Product Liability Lawsuit: Class action lawsuits generally take place when there are a large number of consumers that have suffered similar injuries due to a defect in a product. There are several factors that courts analyze before certifying a class action claim. (1) Presence of a large number of injured claimants, (2) The injure parties and a nearly identical issue of law or fact against the liable party. (3) The class representative is able to adequately represent the interests of all class members. In many instances filing a single party claim is more beneficial to injured consumers when compared to a class action lawsuit. Such cases are predicated on establishing a defect in the product. Generally a defect in a consumer goo can be established in one of three ways, (1) Defect caused by faulty design. (2) Defect in the manufacturing process. (3) Defect in the warning label – failure to properly warn of all known or knowable harms with the common use of the exercise equipment. Average value of Your Case if You Choose To Proceed With Filing a Claim: Perhaps the most common question asked by individuals who have suffered injuries during their initial consultations with our lawyers regards the potential value of their case once they make the decision of proceeding with their lawsuit. Every case is different comprising a unique set of factors which play a significant role in determining the value of their case. Some important factors in establishing case value in product liability cases include
- The viability of insurance or assets on the part of the manufacturers, distributors or retail establishments selling the product.
- The level or significance of the harm suffered to the individual
- Lost wages due to injuries and loss of future income capacity due to permanent disability like partial or full loss of vision.
- Non Economic Damages – pain and suffering compensation, and availability for punitive damages.