Massage Guns Recalled by Massimo Motor Sports
On January 6th, 2021, Massimo Motor Sports recalled over 12,000 of its massage guns due to a faulty battery system. The battery can overheat and cause fires and burns.
All percussion massage guns were recalled. The guns have 20 different speed levels and 6 different heads. They have a built-in rechargeable battery kit. They came in silver, black, blue, and gold. All have the same model number of EM003.
The units were manufactured in China and imported into Texas. They were sold at Costco.com from April 2020 through May 2020 and cost $60.
To date, there have been three incidents in which the massage gun caught fire. These resulted in more than $15,000 in property damage. There were no injuries in the fires. The company recommends that all customers stop using the massage guns and contact the company for a full refund.
Burn Injuries and Fire Hazards from Defective Massage guns
The battery kit on the massage gun is what distributes and allocates power. If it is faulty, it can potentially spark, overheat, or create too much output in one area. If the system overheats, the massage gun can catch fire. It can also cause the environment to go up in flames as well.
Burn injuries stemming from these sparks and fires can be serious. Most burn injuries are first degree and do not have long lasting impacts; they generally just result in some redness and soreness, but they heal in a week or two. Second degree and third degree burns are much more severe and can take weeks or months to heal. The skin will be affected at deeper levels, and you may suffer a loss of sensation, hypersensitivity, infections, charring, muscle damage, nerve damage, and more. You could require skin grafts or plastic surgery to deal with the scarring or disfigurement. It may take some time before you even get these treatments.
Further, if a massage gun catches fire and causes a home or structure to be engulfed in flames, you could suffer even worse damages. Smoke inhalation can seriously damage the lungs, and many individuals die in house fires due to choking or coughing, or being trapped and unable to escape.
It is imperative that you go to a burn treatment center or emergency room if you were hurt, or call the emergency line if there is a house fire.
Slip and Fall Accident
Steps to Take to Sue Massimo Motor Sports for a Defective Massage gun
If you wish to sue Massimo Motor Sports for injuries stemming from a defective massage gun, you will need to show that the company was somehow negligent. Product liability claims are all based on negligence, and there are three possible scenarios that can show this. The scenarios are:
- There was a design error with the massage gun
- There was a manufacturing error with the massage gun
- There were no hazard symbols or signs on the massage gun or packaging
The battery systems that were used were faulty, which likely means that there were some miscalculations in power output or voltage. It is also possible that the systems that were used were the improper variety and the factory should have used better materials. The company can still be held accountable either way.
Once you pinpointed the error, you can gather your evidence. Your first step should have been to go to the doctor to get treatment, though, to ensure that you are not injured or that your damages do not have a huge impact. You should never hesitate to get medical treatment – your health is the most important factor, and you should take care to not have it worsen, by any means necessary. The longer you wait to go to the doctor, the more damage you may accrue, and the more likely it is for the insurance agent to believe that you were burned in another incident or that the massage gun was not the cause of the damage. It is also imperative that you hold on to all medical receipts, doctor’s statements, test results, and anything else from the hospital to show the kind of treatment you received.
There may have been eyewitnesses in your home, such as family members, who saw the massage gun catch fire or who can testify that you were injured from a spark. You can ask them for their statements to add to your claim.
If you can take photos of the injuries you suffered and the damage done to the environment or massage gun, you should do so.
You will need to hold on to the massage gun and not throw it away or get rid of it. Do not repair it, replace the battery, take it somewhere to get fixed, or return it to the company. Do not even accept a refund for the massage gun. If there are any changes to the massage gun, the company can claim that there was no defect or that you caused the issue in the first place.
Hold on to all receipts showing that you bought the massage gun. You can produce emails, paper receipts, bank or credit card statements, and more.
Finally, you should get in touch with a product liability lawyer in Los Angeles who can help you file a lawsuit against Massimo Motor Sports. You might not have any legal experience, which can harm your claim. You could potentially lose out on a lot of compensation if you try to negotiate a deal yourself, and you might not even have the time, health, or knowledge to litigate your case. Our attorneys can work around the clock to bring you a fair settlement while you heal from your injuries.
Value of a Product Liability Claim against Massimo Motor Sports
Your product liability lawsuit will be handled by an insurance agent from the company. He will look at how serious your injuries were, how impactful they were on your life and career, your age, and more. If you were partially responsible for the incident, he will likely decrease the value. Most of the time, insurance agents will make small offers so they do not have to pay out anything and lose profits. Our job is to get you the money you deserve.
Your case may warrant the following types of damages:
- Medical expenses from the past and future for surgery, hospital stay, medication, physical therapy, and more
- Lost income from the time you were unable to work or go to your job, as well as future lost wages if medical treatments and recovery time impacted your earning capabilities
- Property damage for any personal items that were lost or broken in the fire
- Pain and suffering damages for PTSD, anxiety, fear, emotional trauma, and more
- Wrongful death damages if a loved one or family member died in the fire, which can include pre-death medical bills and pain and suffering, funeral and burial fees, loss of consortium and relations, loss of inheritance and savings, and more
You shouldn’t have to pay off these expenses if Massimo Motor Sports created a faulty massage gun.
Deadline to Sue Massimo Motor Sports for Injuries from a Defective Massage gun
The statute of limitations to file product liability claims in California is 2 years from the date of the injury. If you do not sue in that time period, you won’t be able to receive compensation. It is important that you act quickly so that your evidence is preserved. Many times, victims do not know there is a statute of limitations or they do not know the actual deadline, and they miss out on the chance to receive restitution.
You can extend the statute of limitations in some scenarios, however. Minors cannot sue, so their statutes won’t start counting down until they turn 18 years old. Physically or mentally incapacitated victims also cannot sue, so they can wait until they return to health before the deadline is set. The defendant must also be present in the state – if he isn’t, the statute is frozen until he returns.
Our Firm and You
The Downtown LA Law Group has been handling product liability claims for years. We know the best methods for success and will stop at nothing to achieve it. If we have to go to court to defend your rights, we are willing to do so. Our attorneys have won millions of dollars for our clients over the years, and we fully dedicate ourselves to every client who walks through our doors.
Call today for a free legal consultation to discuss your case. We’ll answer all your questions and tell you what we believe the value of your lawsuit is. We will also ensure you pay no money thanks to our zero fee guarantee. We won’t charge you at all, and our payment comes from the settlement we bring if we win. If we lose, we take nothing at all.
To sue Massimo Motor Sports for injuries you suffered from a defective massage gun, contact the Downtown LA Law Group today.