K-Apparel recalled its Children’s Lounge Pants on January 30, 2020. The pants were recalled because they did not fit the Federal flammability standards, and in the result of a fire, could lead to burn injuries and other damages. The pants must be snug to protect the body or resistant to flames, and the pants are neither. Roughly 2,200 of the pants were recalled.
The lounge pants are made of 100% cotton and came in a number of prints. They were sold in numerous sizes, from children’s small through children’s extra large. The inside of the pants have a seam label with the brand name “TINFL” and the lot number. The numbers coincide with the prints:
The lounge pants were manufactured in South Korea and imported into California by K-Apparel. They were sold at Amazon.com for $18 from October 2018 to September 2019. It is recommended that parents do not let their children use the pants. They can contact K-Apparel to receive a full refund. The company is contacting individuals who purchased the pants and left contact information.
Fortunately, there have been no injuries or incidents reported from the issues with the lounge pants.
Potential Damages from Defective Lounge Pants
Federal standards for flammability state that children’s pants must be appropriately snug or must be flame resistant. If they are not snug or flame resistant, flames from a fire can lick and burn them. Many children have difficulty escaping in a fire and may panic when they see the smoke.
Burn injuries are usually not serious when they happen during cooking or recreational activities, but during a house fire or similar event, they can be extremely devastating, if not lethal. First-degree burns usually present a small amount of redness and soreness, but they heal within a few days.
Second-degree burns and third-degree burns, on the other hand, take a while to heal because of the deeper layers of skin that are affected. The skin may turn dark red or white and will be extremely sensitive to touch and sensation. It may also be numb due to nerve damage or destruction of the dermis. Deeper burns may result in blisters and the skin peeling off, which can lead to infections and problems with the affected area.
It is entirely possible that burn injuries will never properly heal or return to the point they were at prior to the incident. Injuries may result in heavy scarring and disfigurement, which can impact how others look at you and drastically affect self-image and confidence.
Suing K-Apparel for Defective Lounge Pants
If you wish to file a product liability lawsuit against K-Apparel, you will have to provide evidence of the defects. Product liability lawsuits are offshoots of personal injury claims, which means there is a requirement for negligence to be proven. There are only three points that can determine the basis for a product liability claim, but only one of them needs to be established as true. They are as follows:
- There was a design flaw with the product
- There was a manufacturing error with the item
- There were no hazard signs or warning symbols on the item
With regard to the lounge pants, they were not designed well enough to meet the standards of the Federal committee. They were not snug and they were not flame resistant, which means that the pants were green-lit regardless of the materials. The manufacturing company would not have used different materials or purposely made the pants wrong; if they did, the company would have simply sent them back and reordered them. The specifications that were provided were followed through, but they were the wrong specifications.
Upon asserting that the lounge pants were designed poorly, you can now gather evidence for your claim. Bear in mind that you will only be able to file a personal injury lawsuit if you were physically injured; if you were not, you cannot sue for the prospect of you being hurt or of your child being hurt. You should make sure to follow these steps for your claim:
First, you will need to bring your child to the doctor for medical treatment after the injury. It is important that you do not wait too long to schedule the appointment; the sooner you go, the more likely it is that your claim won’t suffer. Insurance agents tend to be less believing when they see a long gap between the injury and the treatment. Further, the risk of injuries worsening is lowered drastically when you go to the doctor immediately.
Keep all medical receipts, doctor’s notes, prescriptions, medication, test results, and other documents from the hospital or medical center. This will come in handy as proof of the treatment and visit.
You can get photographs of any injuries, pictures of the defective pants, and more. You may be able to secure video footage of the fire and how the pants failed to work, but this is not likely; surveillance footage may be unusable or unavailable if you had cameras in your home and they were destroyed in the fire.
You should not get rid of the lounge pants, throw them away, try to fix or tailor them, or bring them anywhere to be fixed. You also should not return them to the company. Having the pants in your possession is extremely important, and if you get rid of them, you will lose your primary piece of evidence.
There may have been eyewitnesses or family members who saw the pants fail to protect the child. You can add their statements and testimonies to your claim.
If you have any receipts or proof of purchase documents showing that you bought the pants for your child, you should make copies. You can also include receipts from Amazon, bank statements, and more.
Finally, we recommend that you seek out a skilled product liability lawyer in Los Angeles. You will need someone who is skilled and has worked on product liability claims before. If you try to move forward with your claim, you may not be able to secure any compensation – you may not have a legal background or be able to negotiate a settlement. Our attorneys will take control of the case and work to secure you compensation while you tend to your child’s needs.
Product Liability Statute of Limitations
California has a 2 year statute of limitations on product liability lawsuits, which means that if you fail to file a claim within that time window, you will be unable to pursue any future compensation. It is highly recommended that you act quickly to take legal action; the longer you wait, the more likely it is that key evidence will be corrupted or get lost.
There is the chance that the statute of limitations can be extended beyond the deadline, as well. This may happen in scenarios involving minors, who can wait until they turn 18 years old to sue. Incapacitated individuals can also wait until they return to health or wellness before taking legal action.
To ensure that your case is filed on deadline, get in touch with our law firm.
Compensation from Defective Lounge Pants Lawsuit
A product liability lawsuit can result in various kinds of compensation. Our goal is to bring you the maximum settlement available. We will stop at nothing to secure you a fair settlement. You may be able to receive the following:
- Coverage for medical expenses for your child, including hospitalization, surgery, future treatments, medication, and more
- Reimbursement of lost wages and income
- Payment for damaged property
- Pain and suffering damages
- Wrongful death expenses to cover loss of life, funeral and burial fees, and more
We know the best methods to secure every penny you need.
Choosing Our Firm
The Downtown LA Law Group is one of the best legal groups in Los Angeles. We know how to secure you a worthwhile amount of restitution and our lawyers are regarded as the best in the city. We have a history of success and will stop at nothing to win you the damages you deserve. Our attorneys are aggressive and willing to go to court if we must to defend your rights.
For a free legal consultation, feel free to contact our law firm. We will walk you through the legal process and help you understand the value of your claim and how to move forward. You can ask us any questions you want and we will let you know the answers. If you want to hire us to represent you, we will also give you our zero fee guarantee. This means you pay no expenses for the case – we cover the costs ourselves and only get paid if we win. If we lose, we take no payment at all.
Let the Downtown LA Law Group help you sue K-Apparel if defective children’s lounge pants contributed to your child’s injuries.