Resistance bands are a common exercise product, but what happens when these devices become defective
? Who is responsible for the injuries they can cause? Our office is investigating claims against Embark for the manufacture of resistance cords or bands. These devices can cause significant injuries to the body. Read the following article to learn more about your rights. If you were injured contact our offices for a free case evaluation. All our cases are handled on a contingency fee basis, which means no recovery no fees.
Contact our Ebark resistant band defect attorney for more information.
Door Anchor Causing Injury
These devices are defective for failing to meet the consumer expectation test. What this means is that the manufacturer failed to foresee consumer use of the product. As a result the device was improperly designed and manufactured, causing significant injuries. According to the Consumer Product Safety Commission the device was recalled due to a spontaneous release of the anchor ball. This hazard can cause significant injuries discussed below, which can leave the client permanently injured.
When the door anchor suddenly releases the plastic black ball attached to the anchor can shoot forward at extremely high speeds. What this can do is cause devastating injuries to your eyes and head. In some respects the black ball attached at the end of the anchor can act like a bullet, leaving the victim permanently injured.
Manufacturers and distributors should have warned users and issued an effective recall immediately, however they failed to do so. When a manufacturer fails to issue a recall they will be liable for both punitive and monetary sums. If you have been injured from an Embark Resistance Cord contact our lawyers at the Downtown L.A. Law Group for a free consultation.
Common Embark Resistant Band Defect Injuries
Injuries associated with this device are serious. Here is a list of some of the injuries which can occur as a result of this device being defective. If you have been injured seek immediate medical attention for your injuries.
- Blindness in both or one eye;
- Traumatic head injuries caused by the force of the device;
- Hand injuries;
- Neck injuries;
- Traumatic brain injuries
This is not a complete list of the types of injuries which you can suffer. It has been reported that plaintiffs have suffered vision loss along with other debilitating injuries. If you have been injured contact our offices for a free evaluation of your case.
Who is Liable for Defective Ebark Resistance Band Injuries?
Who is liable in a defective product lawsuit? In a defective product lawsuit a manufacturer, distributor, retailer and wholesaler can be responsible for the injuries. Any party in the commercial chain of distribution can be held responsible for the injuries you sustained from a defective product. If the manufacturer had knowledge or not is not relevant to your claim. However, if knowledge is proven then potential punitive damages can be awarded. All persons in the commercial chain of distribution will be responsible for the injuries of the plaintiff. It is not required that they have knowledge of the issue. All that is needed is that the product actually be defective.
What is My Embark Resistance Band Case Worth?
How do you handle case value? What elements are used to evaluate case value? When looking at a case in order to determine value we consider three elements, degree of injury, loss of earnings and pain and suffering. Each will be discussed below. We use these three factors to assemble or assign a value to each case we handle. It is important to understand case value so you know how much to settle for when the time comes. Case value is also important in order to know what amount to seek in damages.
Degree of injury refers to the type of injury and how significant it is. For example if the injury caused is loss of vision, we will assess how damaging the impact can be. Was it permanent vision loss or mild? Was the entire eye removed or was corrective surgery done? These are all factors we use to determine the degree of injury. As a rule of thumb the greater the injury the more your case will be valued. With Embark Resistance Band accidents a commonly reported injury is permanent loss of vision. This will add significant value to the case. It is our job to make sure that any award for damages includes compensation for any type of future surgeries or medical care.
Loss of earnings or loss of income refer to your loss of earnings after the accident. Are you unable to work as a result of the vision impairment? Are you now considered disabled as a result of the Embark Product Defect? These are all factors to consider when dealing with loss of income claims. A loss of income claim refers to your loss of income or earnings after the accident. This takes into consideration future loss of earnings as well as current. For example if you were attempting to seek a professional degree i.e. doctor, physician, architect, therapist… and are now unable to do so, you will be able to pursue damages for these losses.
Pain and suffering is the largest component of your case. This will evaluate what your case is worth due to what you have had to endure. If you were catastrophically injured as a result of the accident, it is likely you have endured significant pain and suffering. Pain and suffering is something we evaluate based on what you went through. It is only after having an in-depth conversation will we be able to really see how this has impacted your life and the life of your family and loved ones.
This is how we evaluate damages in a Embark Resistance Cord defect case. Our firm will sort through all the necessary medical information and put together the necessary plan in order to maximize the highest settlement for your injuries.
How Long Do I Have to File a Claim for a Lawsuit?
Time periods for filing a lawsuit are different in each state. California has a two year statute of limitation for filing a injury claim from the time of injury. Statute issues can be complex if you were not aware that the cause of injury was the product itself. In fact many times, clients are unaware that their injury was caused by a defective product. It is often only after they hear a advertisement are they made aware of this issue. Therefore, you can always argue against the statute if proper cause exit. If you have been injured and are considering filing a lawsuit, speak to an attorney who can evaluate the claim for you and help you know your rights with regards to this issue.
Tips for Your Embark Resistance Band Case
If you are considering pursuing a claim for damages, here is what you need to so. First, preserve the evidence. Do not tamper with or return the device once the injury has happened. Second, seek immediate medical attention of you have been injured. Third, speak to an Embark Defect Lawyer Los Angeles to better understand you rights in the case.