On February 13th, 2020, Fanim Industries recalled 70,000 of its Harbor Breeze Santa Ana ceiling fans. The reason for the recall is due to the fan blade holders, which could break during use, leading to the fan blades themselves getting ejected from the holders and causing injuries to anyone nearby.
The ceiling fans are 48 inches long. The model number is LP8294LBN and the UPC code is 840506599178. Both the rear of the fan motor and the interior of the remote control battery cover house the model number. The fans have two blades, dark walnut in color, and blade holders that are brushed nickel. They also have a single frosted white glass cover that houses a light bulb.
The fans were manufactured in China and imported into North Carolina by LG Sourcing. They were then distributed by Fanim Industries in Indiana. They were sold exclusively at Lowes, both online and in retail outlets, for 2 years, from May 2014 to January 2016. They cost about $150 to purchase.
There have been 210 reports of the fan blade houses breaking and causing the blades to fly off the fan. There have been 10 incidents where in the fan blade hit an individual. It is recommended that all consumers stop using the fan and seek a replacement set of blade holders from the company.
Injuries from Broken Fan Blades
Fan blade can rotate upwards of 40 mph. This is a very fast seed when you consider the close quarters that fans are in and all of the fragile belongings that are in rooms. It is also a lot of speed for an object to suddenly go rogue and strike you. If a fan blade disconnects while it’s rotating, it can fly off and hit someone in the head or elsewhere on the body, causing serious injuries. Babies and children are especially in danger due to their smaller size.
Some of the injuries that can arise from defective fan blades include:
- Puncture wounds
- Broken bones
- Muscle damage
- Neck injuries
These injuries can be serious or even permanent. For example, if a fan blade flies off and hits you at a sharp angle while your hand is resting on a dresser, the impact could easily sever a finger or fingers. Severe injuries are rare, but any injury is too much when it comes to defective household appliances.
Filing a Product Liability Claim against Fanim Industries
Filing a product liability claim requires that you prove that the company was negligent in some way. There are three points that you can show to be true; only one needs to be established. They are as follows:
- There was a design flaw with the product that should have been caught before it was sent to be manufactured
- There was a manufacturing error with the item that occurred at the plant or center
- There was a lack of warning signs or hazard signs on the item or on its packaging
In the case of these ceiling fans, there was likely a manufacturing error that caused the problems. The fan blade holders should have been sturdier, affixed to the blades better, or had different materials used. No matter what the case, the fact that the company is choosing to simply replace the blade holders indicates that there is no design error – it is parts-related.
Once you have shown that there was a flaw in the product, you should gather your evidence. Your evidence should be gathered quickly and without hesitation. For instance, the first act you should do is go to the hospital for medical treatment. Too many individuals do not go to the hospital for medical treatment right away, and as a result, their claims get hurt or thrown out. The longer you wait, the worse your health will get, but also, the more likely it is the insurance agent will doubt your claim.
Be sure to hold on to all medical receipts, doctor’s notes, test results, and more from the hospital.
Next, do everything you can to hold on to the product. That means you should not throw it away or return it to the manufacturer, nor should you try to repair it or fix it. If you tamper with it in some way, the company can claim that you caused the incident or defect. If you request and receive a refund, too, you will hurt your claim – the company can state that you were already fairly compensated.
You will need a receipt showing that you bought the fan, or some kind of bank or credit card statement illustrating your proof of purchase.
If there were any eyewitnesses who can testify that the fan broke during use, you can add their testimonies and statements to your claim. You may also be able to join a class action lawsuit if numerous people were injured by the fan, which would result in a host of plaintiffs submitting evidence against the company and receiving a single settlement if victorious.
Finally, you should reach out to an expert product liability lawyer in Los Angeles when you have all of your evidence. We can organize it, submit it to the insurance agency, hire expert witnesses to testify on your behalf and bolster your claim, and more. You should not have to handle a lawsuit by yourself, and with our help, you are guaranteed the best representation available. We can do everything while you tend to your injuries and recover.
Deadline to File a Product Liability Claim
In California, the statute of limitations to file a personal injury or product liability lawsuit is 2 years from the date of the injury. If you don’t file your case in that time period, you won’t be able to collect any compensation in the future. It is important that you act quickly to gather your evidence and submit it; the longer you wait, the more likely it is that your evidence will deteriorate or you won’t be able to acquire it. The statute of limitations lets both parties have ample time to get proof against one another for a claim, and does not favor either party.
There are a few ways in which the statute of limitations can be extended. Minors cannot legally sue, for example, so their statutes won’t begin until they turn 18 years old. Those who were mentally or physically incapacitated after the incident also cannot sue, and their statutes would reuse when they return to health. Further, the defendant must be in California – if he leaves the state, the statutes is suspended until he returns, but because this is a company, this likely will not apply to your claim.
Often, victims of incidents do not act quickly enough and end up with an expired statute of limitations. Contact our firm to make sure of the date your claim is due and for us to submit your documents on time.
Product Liability Lawsuit Compensation
The restitution you can receive from a product liability lawsuit will vary according to the damages you suffered and other factors. The insurance agent will determine the offer and try to ensure that the company does not pay a lot, but our lawyers will negotiate a fair deal. We will make sure you win the following damages:
- Medical bills from the past and future for all treatments
- Lost income from the past and future for wages you missed out on from not attending work
- Property damage for broken items or belongings
- Pain and suffering damages to cover emotional traumas
We will do everything in our power to fight for the maximum settlement under the law. Our goal is to bring you all the money you deserve, not just some of it.
How Our Firm Helps You
The Downtown LA Law Group in Los Angeles, California, is well known for being a successful law firm with a history of proven results. We have recovered hundreds of millions of dollars for our clients throughout the years and we know the most viable methods for victory. Our lawyers are aggressive towards insurance agents are entirely dedicated and committed to our clients. We pursue justice for everyone who walks through our doors. If we have to go to court and fight for your rights in front of a judge and jury, we will do so without hesitation.
To speak with a lawyer in a free legal consultation, call our law offices today. All consultations are confidential and none of your personal details or case information will be shared with anyone else. We will answer all your questions and concerns.
If you hire us to represent you, we will give you our zero fee guarantee as well. This means that you will not have to pay any money for our services. We will get paid by the insurance settlement if we win, and if we lose, we do not bill you. You won’t touch your personal finances at all.
To sue Fanim Industries for injuries from a defective Harbor Breeze Santa Ana ceiling fan, get in touch with the Downtown LA Law Group.