Defective Bed Injury Lawyer

Hillsdale Furniture Recalls Bunk Beds due to Entrapment Risk

On September 29, 2022, there was a recall of the Flynn Twin Full Bunk Beds with Ladders. According to the recall, number 22-778, the space between the second rung of the bunk bed’s ladder and the lower bunk frame is wider than 3.5 inches; this poses an entrapment risk to children when the mattress is removed. The recall has affected over 820 units of the product.

The recalled twin full bunk beds are white and gray and are made of pine wood. The affected model numbers include the following:

• 2184-7080B
• 2311-4080B
• 2184-7080BASI
• 2311-4080BASI

All the affected models are bunk beds with a ladder that fully extends to the floor and the lower bed.

The recalled bunk beds were sold at American Signature Inc. and Value City Furniture stores around the country as well as online at www.valuecity.com from May 2019 until April 2022 for approximately $1,200 each.

Allegedly, there have been no incidents or injuries reported. The company is urging all consumers to block children’s access to the beds and contact them for a free replacement ladder. Unfortunately, it is possible that there have been incidents that have gone unreported.

Becoming entrapped could leave children suffering from entrapment injuries, including suffocation, brain damage, loss of consciousness, and death.

This is just one of the many examples of defective beds that can quickly prove to be dangerous – and even fatal – to children. Here at our law firm, we believe that all negligent manufacturers should be held accountable.

Suing a Furniture Manufacture for a Defective Bed

In order to file a lawsuit against a furniture company, you must establish that the business was negligent in some way. You should be aware that product liability cases can be filed if you can prove one of the following is true:

• A design error caused the bed to be defective when the schematics were being drawn up
• A manufacturing mistake was present while the bed was being produced in a factory, resulting in the bed having defects; this can also include the wrong materials being used
• Hazard symbols, warning signs, or other cautionary language was not present on the bed or anywhere else to adequate warn customers about the issues

The first step you should take after suffering a fall from a bed is to seek medical assistance for your injuries. You should go to the hospital or visit a doctor for treatment. Delaying the visit to the doctor can negatively impact your claim; the longer the gap between the accident and the treatment, the more likely it is that the insurance agent will not believe that you were seriously hurt. He may also not believe that the bed’s defect was what caused your injuries at all. Further, the longer you wait to get treatment, the more likely it is that your injuries will worsen over time.

While at the hospital, ask the doctor for his input and statements. You can also request copies of any charts, X-rays, MRI results, and others. When you are cleared to go home, request a copy of the payment you made, insurance billing information, the treatments you received, and your medical records.

Take pictures of the injuries you suffered so you can showcase their extent before you heal up. You also need photos of the defective bed, the collapsed bed frame, or the broken bunk bed.

Do not throw the bed or frame away or try to fix it yourself. Do not take it to a furniture repair store to be fixed. Do not return it to the store or seek a refund. You should gather the pieces together and keep it preserved so you will have concrete evidence for your lawsuit. If you tamper with the bed in any way, the company can claim that you were responsible for the incident.

If any eyewitnesses were present, such as family members who were nearby, they can contribute their testimonies and statements to your claim. You could also seek out other individuals who were harmed because of the defect and join them in a class action lawsuit. A class action claim can be filed by numerous individuals against the company, and the settlement will be split among all the plaintiffs.

Make copies of any receipts showing that you bought the bed. You could have proof of purchase emails, credit card statements, bank statements, and other documents showing your rightful ownership.

Finally, it will be in your best interest to speak with an expert Los Angeles bed collapse lawyer who can represent you. We can look over your evidence, hire expert witnesses, write a demand letter for your compensation, negotiate a fair deal with the insurance agent, and ensure that your claim is handled on time.

Compensation from a Defective Bed Lawsuit

If you were injured because of a defective bed frame, you can take appropriate legal action against the relevant furniture company. You may be able to receive various amounts and forms of restitution. The insurance agent who is assigned to your case will determine what you can receive and how much you can earn. He will look at the injuries you sustained, the impact they had on your life and job opportunities or performance, how responsible you were for the incident, your age, your job type, and more. He will then make an offer, but if the offer is too low or does not sufficiently provide you with compensation, our lawyers will negotiate a better deal for you. We won’t rest until we’re satisfied and have won you every penny you deserve.

You may be able to receive the following forms of restitution:

• Medical expenses from the past and future to cover surgery costs, hospitalization, medication and prescription drugs, physical therapy and rehabilitation, and more
• Lost income if you were unable to return to work, whether in the past or in the future, which may include benefits, tips, commissions, bonuses, and more
• Property damage to cover your personal items that were lost or damaged in the accident, if any
• Pain and suffering damages for emotional stress, fear, PTSD, anxiety, and more
• Funeral and burial costs to cover the costs of services in the case of a fatal injury
• Loss of consortium for the lost ability to have a relationship with the deceased victim
• Punitive damages, awarded as a form of punishment towards the defendant typically in cases of gross negligence
• Legal expenses to cover the cost of pursuing the claim

Deadline to Sue for Injuries from a Defective Bed

The statute of limitations is the time in which you can file a lawsuit against a negligent party to collect compensation for damages. California has a statute of limitations of 2 years, and if you fail to file a lawsuit in that time period, you will be unable to collect any compensation in the future. This time limit allows the plaintiff enough time to gather proof, and the evidence will not be lost or corrupted. It is wise to act quickly so that you have the best chance of success.

There are some ways in which the statute of limitations can be extended beyond the 2-year deadline. They include the following:

• Underage victims cannot take legal action without representation by a guardian or parent, so their statutes won’t start counting down until they turn 18 years old

• Victims who were left incapacitated, whether mentally or physically, cannot sue, so their deadlines will be frozen until they return to functionality

• The defendant must be present in California, and if he left the state, the statute will not count down until he returns

It is highly recommended that you reach out to an attorney with experience in bed collapse claims.

Why Choose Our Firm

The Downtown LA Law Group is known for its high rate of success and for not giving up on cases. We know the most successful routes to victory and will always fight for our clients’ rights. We always treat you like family, and we will do whatever is possible to win. Call today for a free legal consultation to discuss your case, and we will help you understand how a defective bed frame lawsuit will unfold. If you hire us to handle your claim, we’ll also make sure you pay no out of pocket expenses thanks to our zero fee guarantee. We only get paid if we win, and the fees come out of the settlement we bring you. If we lose, we take nothing at all.

To file a lawsuit for a defective bed injury, don’t hesitate to make a call to the Downtown LA Law Group at once.