On September 26, 2019, DeWALT issued a recall
for its Multi-Functional Utility Bars
. The bars have two ends that are designed to pry things apart or open and to grip boards or bars. They are easy to identify: they are yellow primarily yellow, but one end is matte black.
Over 145,000 of the bars were recalled
. This occurred due to an excessive amount of reported failures. To date, there were 56 reports of the bars breaking
, with 4 of those incidents resulting in injuries in some way
. The bars could break while being used to pry things open, which could lead to the entire bar disconnected and being flung back into the users face or body. The material could also suddenly come loose and cause injuries.
The bars were sold at Home Depot
, various hardware and home improvement stores, and online retailers such as Amazon from December 2015 to March 2019
. They were relatively inexpensive, only costing about $30 to $40. The items were manufactured in Mexico and imported into the States to be packaged and sold via DeWALT’s Industrial Tool Company in Maryland.
Users who purchased the bars are instructed to contact DeWALT either via phone or email to receive a refund for the defective item. They are not able to be repaired or fixed in any way.
Common Dangers with Defective Tools
Tools like the Utility Bar made by DeWALT
are generally useful for specific purposes. They are often used in home improvement situations or during construction. When an item like this breaks, it can lead to many issues. The tools can break and cause a sudden jerking motion in the body, which may lead to dislocations, falls, loss of balance, and puncture wounds. As stated above, a broken tool could also lead to a jagged area.
For example, if a tool breaks while prying a floorboard up, the board would not be clean; the broken area would be sharp or rough, and the size would lead to a smaller area for leverage. Because the tools recalled by DeWALT are for multiple purposes, there is a large array of ways that you could be hurt.
Some injuries include:
- Dislocated hands, fingers, shoulders, and more
- Muscle strains
- Bruising and abrasions
- Cuts and lacerations
- Puncture wounds
If you have been injured in any of the previous ways and you can attribute the incident to the defect present with the DeWALT Multi-Functional Utility Bar
, contact our firm for more assistance.
What should I do if I were hurt because of a defective DeWALT Utility Bar?
If you were hurt because a DeWALT Utility Bar broke and caused an incident and injuries
, you should be prepared to take appropriate legal action. It could be difficult to know what to do, especially if you haven’t had any legal experience or if you have never filed a lawsuit. Follow these steps to ensure that you have the best chance of success with your claim:
First, go to the doctor or hospital to get treated for your injuries. You do not want to wait too long to get medical assistance; the longer you postpone the appointment, the more likely it is that the insurance agency at DeWALT will not trust your claim. You also will have a higher likelihood of healing if you do not put off the treatment. You should make sure to gather evidence from the hospital stay or doctor’s visit, which can include medical receipts, prescriptions, doctor’s notes, and more.
You also must not throw away, donate, return, or replace the tool. If you do, you will lose the key piece of evidence that you have. The insurance company won’t be able to examine it and you won’t have any proof that something broke. You also should not tamper with the tool or try to fix it. If you do, DeWALT can claim that there is no way to tell when or how the bar broke.
If you were working on a site, improving your home, or working with other people, you likely had witnesses to the incident. You can ask these eyewitnesses for their testimonies and statements to provide your claim with more support.
For additional proof, you should have receipts or bank statements showing that you purchased the bar from a retailer or from DeWALT itself
. This will prevent the company from claiming that you merely acquired one and got hurt elsewhere.
Finally, it is highly recommended that you contact an expert attorney with experience in product liability lawsuits
to handle your claim for you. If you haven’t taken legal action, you may not know the process or how to sue. With help from a lawyer, you will have a good foundation for a claim, and you won’t have to lift a finger. We will gather evidence, organize it, submit it to the insurance agent, and negotiate a fair deal.
What is the legal process for a product liability lawsuit?
To file a product liability claim for a broken tool from DeWALT, you must prove that the item was defective in some way
. This can be shown in three ways:
- The item had a design error that contributed to the accident, which should have been noticed during its inception
- The item had a manufacturing error at the plant that only affected a certain number of units, such as using weak screws or materials
- The item did not have any warnings on the packaging or on the item itself, which led to misuse or mishandling
With the case of DeWALT Utility Bars, there was likely a manufacturing error that caused the bars to not be safely held together. The fact that a certain number were recalled gives
credence to this belief.
How long do I have to file a product liability claim against DeWALT?
In the State of California, you only have 2 years from the date of the injury to file a claim against DeWALT for a defective Utility Bar
. All personal injury lawsuits abide by this time limit. The statute of limitations is in place to make sure that claims are field quickly and efficiently. It is unfair if they are kept on the shelf until an opportune time when the defendant is at his lowest point or when evidence has already been corrupted or lost.
There are a few ways in which the statute of limitations can be extended, though. This often happens when the victim or plaintiff is a minor; because those under eth age of 18 cannot sue, they can wait until they turn legal age and then adhere to the statue of limitations. It is also possible for the statute to be extended if the defendant has left the state for any reason. It would be postponed until he returns.
What can I win if I sue DeWALT for injuries from a defective Utility Bar?
It is possible for you to win numerous kinds of compensation if you were injured in an incident due to a broken or defective Utility Bar
. Our team of qualified attorneys will secure you the maximum settlement available. You won’t have to worry about arguing with an insurance company. We will seek the following for you:
- Medical expenses from the past and future for any treatments, medication, physical therapy, and more
- Lost income if you could not return to work or if you could not work in the future
- Property damage to replace the tool and other damaged goods
- Pain and suffering damages to cover emotional trauma that unfolded from the injuries or the incident
Get started today by calling [phonecall].
In some cases, a large number of incidents could point to a class action lawsuit. It may be wise for you to join such a case, as the high number of incidents will lead to a large quantity of evidence. However, this may lead to a smaller settlement, as it would be distributed among many plaintiffs. Our attorneys can point you in the right direction and determine what is the best route for you to follow.
Why Choose Us
The Downtown LA Law Group
has a team of expert lawyers who have been at the forefront of personal injury law for years. We have been highly rated across numerous platforms, and we always seek the fairest deals for our clients. We are lauded as being aggressive and relentless in our pursuits, and we do not give up until we are satisfied with the results.
To set up a free legal consultation
to discuss your product liability claim
, you can call our offices. We will walk you through the legal process, answer your questions, and help you understand what the possible forms of restitution are. We will also give you more details about our zero fee guarantee, which says that you won’t touch your own savings at all throughout the case. We will only collect payment if we win, and the money will come from the settlement we win for you. If we lose, we take nothing, and you owe us no money for the case.
Let the Downtown LA Law Group
sue DeWALT for injuries suffered from a defective Multi-Purpose Utility Bar.