One of the major problems with furniture is that it is not always properly designed, or the parts are not high quality. As a result, defects can occur, and from those defects, accidents can result. You may very well fall out of bed from a defective bed frame, and if you do, it is possible that you can suffer serious injuries. Our team of attorneys at the Downtown LA Law Group can help you with the defective bed frame lawsuit so that you receive every penny you deserve.
Here at Downtown L.A. Law Group, we have decades of experience and are ready to provide you with the guidance that you need to sue after you or a loved one suffered harm because of a defective bed or even a defective bed rail. Our experts are ready to guide you every step of the way and help you recover the compensation that you are owed.
How do beds randomly collapse? Generally, there must be an excess of weight on it before the springs give out or before the frame bends. Some bed frames are naturally unsturdy, though, because the connective welds or sections are flimsy and not properly connected. They could also be made of shoddy materials. Hollow aluminum, for example, has been used in bunk beds, while some bed frames have been held up by nothing more than thin pieces of wood. As a result, the beds may easily collapse.
If a bunk bed collapses, it can drop an extremely large load on the bottom bunk, including the top frame, the mattress, and whoever is in the bed. It is also possible for the person in the top bunk to fall out of bed and be injured.
Injuries from Collapsed or Defective Beds
Falling out of bed while sleeping can lead to serious injuries, especially in elderly individuals or those who have disabilities. A fall can happen if a bed frame collapses or if it suddenly detaches from a base board. The same can be true of bunk beds that have collapsed. In situations with bunk beds, children could be seriously hurt. Some of the injuries you or your children could suffer include:
- Torn muscles and ligaments
- Neck and spinal cord injuries
- Knee and hip injuries
- Aggravation of previous injuries
- Herniated discs
- Broken bones
- Nerve damage
- Traumatic brain injuries
- Closed head injuries
- Internal organ damage
If you were hurt at all because of a defective bed that collapsed, it is highly recommended that you move forward with a lawsuit. Our team of attorneys will ensure that you are properly compensated for your losses.
Recent Recall of Bed Rails and Resulting Injuries
Very recently, Compass Health Brands issued a recall for their Carex Brand Adult Portable Bed Rails. The recall affected more than 104,000 units in the U.S. According to the recall, number 22-040, users can become entrapped within the bed rail or between the mattress and the bed rail, resulting in a risk of entrapment and death (due to asphyxiation). The recalled bed rails were sold in-store at medical supply stores as well as online through multiple sites from November 2012 until December 2021; they were sold for prices ranging from $22 to $80.
The company has received at least three reports of deaths due to entrapment. All victims were elderly (in their 80’s). The victims became entrapped between the bed rail and their mattress because the bed rail was not attached securely to the bed.
Beds are supposed to be safe places where people can rest. No one should be in danger of suffering severe injuries while they are resting in bed. If you were injured because of the defective bed rails mentioned above or because of a defective bed, in general, it is important that you seek legal assistance as soon as possible – you could have grounds to file a defective product lawsuit.
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.