Following Key Steps for Defective Product Claims -Ice Axes

On August 7, 2019, Seattle Manufacturing Corporation issued a recall for their Kobah ice axes. According to the recall (recall number 19-180), the spike and the head of the ice axe can suddenly detach during use. This poses a severe risk of injury and fall to the climbers using the product. The recall states that approximately 165 ice axes are affected by the recall. The recall includes Kobah Ice Axes of four different lengths – 60 centimeters, 65 centimeters, 70 centimeters, and 75 centimeters. The affected products all have a steel pick and adze attached to an orange aluminum handle shaft and a steel spike on the bottom of the orange handle shaft. The affected products can be identified by the Manufacturer’s Lot Number (MLM) 10864 on the product’s shaft. “Kobah” and “SMC” are also printed on the handle shaft. The defective Kobah ice axes were sold at specialty climbing shops on the West coast; the axes were also available for online purchase at www.smcgear.com. The products were sold from March 2019 to June 2019 for approximately $100 each. According to the recall, there have been no reports of injuries although there have been reports of the axe’s spike suddenly detaching from the handle. The recall encourages all consumers that own the defective product to stop using the ice axes and immediately return them to Seattle Manufacturing Corporation for a refund. Since only 165 defective ice axes were sold, the company is actually contacting known buyers directly. As mentioned above, no injuries have been reported to the company. However, a lack of reported injuries does not mean that nobody has suffered harm. Rather, it is possible that there are many unreported injuries related to the defective product. Did you sustain injuries due to the defective ice axes? Did a member of your family sustain injuries? Did a member of your family lose his or her life as a direct result of the defective product? If you or a member of your family suffered any type of harm as a direct result of the defective ice axes recently recalled by the Seattle manufacturing Corporation, you take very specific actions. You must ignore the recommendation to contact the company for a full refund – the harm that you or your family suffered is worth more than the measly refund the company is offering. Without a doubt, you should contact the company to report the harm that you or your family suffered; however, you should refuse any refund offered and should seek legal assistance immediately. If you are in need of legal assistance after you or a member of your family was harmed by a defective product, such as the defective ice axes discussed above, do not hesitate to contact the experts at Downtown L.A. Law Group. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling a variety of claims – such as defective product and product liability claims. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to file a successful lawsuit against the company that contributed to the harm that you suffered. If you are ready to discuss your claim with our experts, do not hesitate to contact our firm as soon as possible.

The Dangers of the Defective Ice Axes

As explained above, the defective ice axes pose an injury and fall risk to consumers. Are these defective axes really that dangerous? Both the spike and the head of the axe can potentially detach. The spike and the head of the axe are sharp; therefore, sudden detachments could result in severe lacerations. The ice axes are used for climbing. If the spike or the head of the axe detaches while someone is climbing or attempting to climb, they could fall – likely from a high elevation. Without a doubt, the defective ice axes could result in significant harm. If you or a member of your family suffered any type as a direct result of the defective ice axe or any other defective product, you might have grounds to pursue a claim based on product liability.

Product Liability

All companies have a duty of care towards their consumers. They must ensure that their products are completely safe for their intended use before being available to purchase. This means that companies must subject their products to rigorous tests and inspections in order to identify and address any potential hazards before making their products available to consumers. When companies fail to identify and address hazards, they are essentially breaching their duty of care towards their consumers and putting them at risk. When a defective product (which represents a breached duty of care) directly leads to harm, the company will likely be liable for all the harm caused by their defective product. For more information about product liability, do not hesitate to contact our firm as soon as possible.

Do You Have the Right to Pursue a Claim?

As mentioned above, all companies have a duty of care towards their consumers. When they breach their duty of care towards consumers and negligently make defective products available for purchase, they could be liable for the harm suffered and could be sued. In product liability cases, a defect in the product’s labeling, manufacturing, or design is enough for victims and their families to take legal action against the company that negligently made defective products available to consumers. So, do you have the right to pursue a claim against Seattle Manufacturing Corporation for the harm that you or your family suffered due to the defective ice axe? Do you have the right to sue for any harm that you or your family suffered due to a defective product? If the injuries that you or a member of your family experienced were directly caused by a defective product, you could pursue a claim against the company that negligently contributed to the harm suffered. For more information about your right to pursue a claim, do not hesitate to seek legal assistance from the defective product attorneys at our law firm as soon as possible.

Following Key Steps for Defective Product Claims

After suffering any sort of personal injury accident, there are a number of things that victims and their families should do to ensure that they can eventually pursue a lawsuit. In defective product claims, there are very specific steps that victims should take to ensure that they preserve their right to sue. Some of the actions that affected parties should take include the following:

• Seek medical attention
• Take photos of all visible injuries (before and after treatment)
• Stop using the defective product immediately
• Do not tamper with the defective product in any way (do not try to repair the defective product yourself)
• Keep the defective product in a safe place and in the same condition as when the harm occurred
• Contact the company to report the product defect and the harm that you suffered
• Do not send the defective product back to the company
• Do not agree to a free repair
• Do not agree to a refund
• Do not sign any documents provided by the company
• Gather all records associated with the defective product (including receipts of purchase)
• Gather all records associated with the harm that you suffered and the different ways that you and your family have been affected
• Seek legal assistance as soon as possible

The most important piece of evidence in a product liability case is the defective product. If you tamper with the defective product or return the defective product, you are losing the most important evidence for your claim. If you agree to a refund, you are essentially giving up your right to recover any other form of compensation. Are you worried about your right to pursue a claim based on any missed steps below? Even if you missed a few steps listed above, a lawyer could help you get your claim back on the right track and help you recover the compensation that you deserve. If you would like to learn more about the steps that you could take to preserve your right to file a claim against the company that contributed to the harm that you suffered, do not hesitate to contact our firm as soon as possible.

Could You Recover Compensation?

As explained above, you will likely have grounds to sue if you or a member of your family suffered harm as a direct result of the defective product. You could also recover monetary compensation. How much compensation could you be eligible to recover? What type of compensation could you receive? The type and amount of compensation that you could recover after reaching a successful product liability claim outcome will always depend on the details of your claim. Some of the compensation that might be available to recover might include some of the following:

• Medical expenses
• Lost earnings
• Pain and suffering
• Loss of consortium
• Funeral/burial expenses
• Punitive damages

To learn more about the type and amount of compensation that you might be eligible to recover if your defective product claim reaches a successful outcome, do not hesitate to seek legal assistance as soon as possible. Depending on the details of your claim, you could recover all or some of the types of compensation listed above. If you are ready to fight for your right to recover the compensation that you deserve, do not hesitate to contact us today – the experts at Downtown L.A. Law Group will fight for your right to recover the highest compensation available for your claim,

The Statute of Limitations for Your Claim

If you or a member of your family sustained any sort of harm as a direct result of the defective ice axe, you could – without a doubt – pursue a defective product claim. Although you likely have the grounds to pursue a claim, you could lose your right to sue if you fail to take action within the length of time established by the applicable statute of limitations. A statute of limitations establishes the time that claimants have to file their claims. In California, defective product claims are subject to two-year deadlines, meaning that claimants will only have two years to file their claims. After this deadline expires, claimants will lose their right to take legal action. Some details surrounding the defective product claim (such as the fact that the injured victim is underage, for example) can affect the deadline that applies to your claim. Because the details of your claim could affect the applicable deadlines, it is always better to discuss the statute of limitations that applies to your claim directly with an experienced attorney. If you fail to do so, you are risking your right to sue.

Contact Our Law Firm Today

Are you in need of legal assistance after suffering any sort of harm as a result of a defective product? Whether you or your family were injured by the defective ice axe mentioned above or any other defective product, you could be certain that our lawyers are ready to fight for your right to recover compensation. Do not hesitate to seek legal assistance with the experts at Downtown L.A. Law Group. At our firm, we are dedicated to representing the victims harmed by defective products and ensure that liable companies are held accountable for their actions. We offer a variety of free legal services that include free consultations and free second opinions. During these free legal services, our experts will answer all your questions, address all your concerns, and ensure that you have all the information necessary to pursue your claim. Our free legal services are available as part of our Zero-Fee guarantee which establishes that claimants will never pay upfront legal expenses. Our firm is also based on contingency, so claimants will only be required to pay after reaching successful claim outcomes. If you are ready to discuss your defective product claim with our experts, do not hesitate to contact our law firm at your earliest convenience.