On November 12th, 2019
, Hooey recalled its children’s sweatshirts
due to strangulation hazards. The sweatshirts have a drawstring on them that were not designed properly and could get lodged on playground slides, school bus doors, car doors, hand rails, and other objects. The result could be strangulation or suffocation. 6,600 of the units were recalled in total, with an additional 520 being sold in Canada.
The recalled sweatshirts come in 15 varieties
. They have the “Hooey” logo or brand inside
the hood itself, and they are made of cotton or polyester. There is a single front pocket on the hoodies. All were sold in boy’s and girl’s sizes Extra Small, Small, Medium, Large, and Extra Large. A size label has the words “Made in China” and “Hooey”
on it, while an interior label contains the instructions to care for and wash the hoodies.
The items were sold for about $45 at various locations
, including Boot Barn, Orscheln’s, Cavenders, and western apparel stores. They were sold for just over two years, from September 2017 to October 2019. They were manufactured in China and imported by the company into Texas.
There have been no injuries or incidents reported with respect to the defective drawstring, but the company still believes that they pose a significant risk. Therefore, as a remedy, it is recommended that the hoodies are removed from children and the drawstrings are taken out of the hoods. There is no available way for the hoodies to be returned so replacement drawstrings can be inserted.
Accidents from Drawstrings on Hoodies
It is possible for the drawstrings
on the hoodies to get lodged on certain objects. Many children do not pay ample attention while they are out roaming or playing, and if they are not careful, their clothing can lead to incidents and injuries. It is not uncommon, for example, for an overlarge sweatshirt to get caught in a door. This same possibility is true with drawstrings. Some of the problems include:
- Children going down slides tummy-first. If the drawstring gets caught in one of the gaps of the slide, the hoodie can close around the child’s neck and cause intense injuries. Another child may be coming down the slide at the same time and could also crash into the stuck one. This could be worsened if the drawstring is caught on the side of the slide, as the child’s head would be the first point of contact from another rider.
- Kids getting caught in vehicle doors. Many kids get off school buses or out of vans and cars, but the draw string can get caught in the latch or locking mechanism. This can lead to the children unable to remove himself or herself in time. Worse, the driver may not know that the child is still stuck, and can drive off. The child may get dragged along and potentially run over by the vehicle or passing cars.
- Children passing hand rails. Hand rails can be very thin and skinny, but they may also have slits in them that allow the drawstrings to get snagged. If this happens, a child can easily get stuck or fall over from the sudden inertia.
The company is choosing to err on the side of caution with the recall, which is a wise choice, but unfortunately, there is no way for them to know who is notified of it. Therefore, if your child suffers any kinds of injuries due to a defective Hooey sweatshirt, you could take legal action against the business. Our product liability lawyers will be able to assist you.
How To File a Product Liability Lawsuit against Hooey
If you wish to file a product liability claim
against Hooey for the defective sweatshirts with drawstrings, you will need to prove that there was an issue that arose from the company’s negligence. There are three possible ways of doing this:
- Identifying a design flaw with the item that should have been caught or fixed prior to production beginning
- Noticing a manufacturing error that occurred while the product was being created, whether from a machine or by hand
- Finding no warning signs or hazard signs on the label or on the packaging for the item
Learn more about your options for compensation by calling [phonecall].
Because a hoodie generally has no need for a warning label, the next logical step would be to identify whether or not the drawstring issue was a defective design or a defective bit of manufacturing
. Given that the company is recommending that the drawstring be outright removed, it is safe to say that it was a design flaw that was never addressed.
It is important that you follow these guidelines if you want to sue:
Go to the doctor at once to get medical attention if you were seriously hurt. While at the doctor, you should hold on to the receipts from the hospital, the medicine you took, the doctor’s and nurse’s notes, and more.
Make sure that you hold on to any receipts or proof of purchase documents, if you still have them. You could also use a bank or credit card statement to show a purchase you made at a store. This will show that you were the rightful purchaser of the product.
If there were any other eyewitnesses who saw the incident happen or who also bought defective sweatshirts for their children, you can add their testimonies to the evidence package.
It is very important that you do not tamper with the sweatshirt or remove the drawstring. You should also not bring it anywhere to be repaired or return it to the store. If you do, you will lose your key piece of evidence and will be unable to collect any compensation for your case.
One you have gathered all of your evidence, you should pursue assistance from a skilled product liability lawyer in Los Angeles. Our law firm has years of experience handling such claims, and we will be able to represent you expertly. You may not have any legal experience, and if your child were injured, it is important that you spend time with him or her. We will handle your case from start to finish and will do everything in our power to bring you a fair settlement.
Deadline to File a Product Liability Lawsuit
In the State of California, you have 2 years from the date of the injury to file a lawsuit against the company if your child was hurt because of a defective product. The statute of limitations is in place to ensure that cases are handled efficiently and within an acceptable time frame. If they take too long, they can negatively affect all parties in the case. The sooner you sue, the more likely it is that you will succeed.
There are a few exceptions to the statute of limitations, though. You may not wish to represent your child as a guardian, which could allow the statute to be extended to his or her 18th birthday. This is not uncommon.
Many claims go unfiled because parties do not know that they must adhere to the statute of limitations. They believe they can sue when it is convenient. It is common to see people try to sue after the deadlines have already passed. If you come to our law firm, we will ensure that your case is filed with ample time left and that you do not miss the opportunity to receive the compensation you deserve.
Product Liability Lawsuit Compensation
The goal of our attorneys is to bring you very penny you deserve from a product liability claim. We will work around the clock to ensure that you and your child are given the necessary damages. You may have racked up numerous debts and expenses to pay for bills and treatments. We will see to it that you are given the following:
- Medical expenses to cover any hospitalization, surgery, physical therapy, medication, and more, as well as the costs of future treatments
- Lost income and wages from the past and future, if possible or applicable
- Property damage to replace anything that was broken or needed to be fixed
- Pain and suffering damages to cover mental anguish, PTSD, fear, anxiety, and more
Learn more about your legal options: call [phonecall] to speak with a representative now.
We won’t stop pursuing the compensation you deserve until we are satisfied with the result. Call our attorneys today for more assistance.
The Downtown LA Law Group
is one of the premier firms for product liability lawsuits. We have a team of attorneys that has won hundreds of millions of dollars in restitution for our clients. We know the best tactics for success and will stop at nothing to win for you. Our reviews speak for themselves, and our aggressive lawyers are willing to go to court to defend your rights.
If you want a free legal consultation
to discuss your case, call [phonecall] to speak with our law firm today. We will help you understand the legal process and what to do to move forward. If you want us to handle your claim, we will give you our zero fee guarantee. This means that we will not get paid unless and until we win, and if we lose, we receive no money at all.
For the best help in town with your product liability lawsuit
, reach out to the Downtown LA Law Group