On February 6, 2020, Rooms To Go issued a recall concerning its Patmos Chaise Lounge Chairs. The reason is due to elevated lead levels found in the paint that exceeded the federal standards. 385 of the units were recalled.
The lounge chairs come in brown and grey. They are fully covered by a synthetic wicker that is weather resistant. The backrest can be adjusted for height. The chairs are 34 inches wide, 83 inches deep, and 11 inches high (more if the backrest is elevated).
All chairs were manufactured in Indonesia and imported into Florida by R.T.G. Furniture Corporation. They were sold at Rooms To Go stores and Carl’s Patio stores in Florida, as well as online at RoomsToGo.com. The chairs were sold from March 2017 through April 2019 and cost between $500 and $700.
There have been no sicknesses or illnesses reported from the elevated lead levels. Regardless, the company is contacting all possible consumers to alert them to the lead levels. Rooms To Go recommends not using the chairs and instead getting a free replacement.
Injuries from Lead Poisoning
The Federal government has issued a ban on lead paint and using elevated levels of lead in products. Lead is potentially toxic if ingested or breathed in large doses, and it is even more dangerous for children, who may suffer accelerated affects or more damaging injuries. Lounge chairs and other furniture that has lead paint in it can be toxic to children because of how much time they spend near the objects. Some of the damages that can arise from lead poisoning include:
- Nausea and vomiting
- Joint and muscle pain
- Lack of concentration or attention
- Abdominal pain
- Nonspecific and body-wide aches, pains, and illnesses
- Weight loss
- Irritability and temper issues
- Fatigue or exhaustion
- Loss of appetite
- Loss of memories or trouble recalling memories
- Mental sluggishness
- Brain damage
- Developmental disorders
- Cognitive disorders
- Attention Deficit Hyperactivity Disorder (ADHD)
- Kidney failure
- Nervous system damage
- Stunted growth
- Vision problems
- Hearing loss and auditory issues
One of the risks of lead poisoning is that it is seldom a quick-acting illness. It usually progressively worsens over time with longer exposure. It is also very non-specific in its symptoms; many individuals believe they are suffering from the flu, a virus, the common cold, and more.
Treating lead poisoning is relatively simple – much simpler than identifying it in the first place. The first step is to remove the object that is causing the poisoning. Next, you will need to take vitamins, supplements, and nutrients to push the lead levels down and build up others in your body. You may also wish to seek chelation therapy. This therapy makes the lead bind together, letting it form and be excreted. Both are viable options to reduce lead poisoning.
It is important that you identify the symptoms quickly in children, as the developmental problems are not likely to go away.
How to Sue Rooms To Go For Lead Poisoning Injuries
In order to file a lawsuit against Rooms To Go for compensation from lead poisoning, you will need to prove that the company was negligent. All personal injury claims are based on the concept of negligence, but product liability claims have three specific points that can be proven. They are as follows:
- There was a design error with the lounge chairs
- There was a manufacturing error with the lounge chairs
- There were no hazard signs or warning symbols on the lounge chairs
There likely was no design flaw with the chairs, as they were created just as they should have been and did not have any mechanical flaws. However, there was likely a manufacturing error, likely caused by the company tasked with creating the chairs. The manufacturing company is Indonesian, and Indonesia does not have any laws regulating the use of lead paint. Therefore, the company can conclude that a manufacturing error of using the wrong paint with elevated lead levels occurred.
You will need to get evidence of the damages and the negligence of the company, but the first step you should take relates to medical treatment. You should not wait too long to go to the doctor or your injuries will worsen – but your claim will also be impacted it is common for insurance agents to question the validity or truthfulness of claims that come in showing the victims going to the doctor months after the alleged incident. From the doctor’s visit, you should keep medical notes, hospital or treatment center receipts, test results, and more.
You should make sure that you do not get rid of the lounge chair. The company wants you to replace it, but you should avoid this. If you do replace the chair, you will not have the primary piece of evidence for your claim. You should also not try to do anything to the chair to fix it, such as stripping the pain. If you tamper with the item, throw it away, or replace it, then you will have a very hard time proving that it was defective in some way.
There may have been eyewitnesses or other individuals who saw the couch in your home and who can attest that illnesses happened from being near it. It is also possible that you could find other individuals who similarly attest to the lead poisoning which can result in a class action lawsuit against the company. The issue with class action claims, though, is that despite the large amount of evidence from the plaintiffs, everyone would receive a smaller settlement overall due to the total compensation being spread among the victims.
You should procure any receipts or proof of purchase documents you have that show that you bought the chair.
Finally, it is important that you contact a product liability lawyer in Los Angeles who can help you with your claim. You simply may not have any experience in the legal field and if you try to handle the lawsuit by yourself, you will not succeed. Insurance agents generally tend to ignore requests from laymen, or they make unreasonably low offers to try and get you to accept or give up. We will fight for you day and night to ensure you receive a fair settlement.
Product Liability Lawsuit Compensation
You can receive a large settlement from Rooms To Go if you can prove that you were injured. Our lawyers know that you deserve adequate payment if you were hurt because of the incompetence of another company. The insurance agent will measure the factors of the case and come up with an offer, and we will negotiate until we are satisfied with the result. Our goal is to secure you restitution for the following:
- Medical expenses from the past and future for treatments, surgery, medication, therapy, and more
- Lost income if you were unable to go to work to earn money, as well as future lost wages if you need to take additional time off for recovery or other reasons
- Property damage to replace the cost of the lounge chair
- Pain and suffering damages to cover emotional anxiety, fear, PTSD, and more from the incident
We will do everything in our power to bring you the maximum settlement available under the law.
Statute of Limitations on Product Liability Claims
In California, the statute of limitations for product liability lawsuits is 2 years from the date of the injury. If you don’t sue within that time period, you claim will be voided and you won’t be able to receive any compensation for your damages. It is possible for the statute of limitations to be suspended or postponed. This is most common in scenarios where the defendant has left the state, when the victim is underage, or when the victim is rendered incapacitated from the incident.
Talk with our attorneys to determine the correct amount of time you have left on your statute of limitations so you do not risk missing your worthwhile compensation.
How We Help
The Downtown LA Law Group is one of the most accomplished firms in terms of product liability lawsuits. We know the best methods for success and will be able to secure you a fair settlement from Rooms To Go. Our lawyers are aggressive and never give up on claims.
For a free legal consultation, call our law offices. We will answer your questions and concerns about the claim, the legal process, and more. If you hire us to represent you, we’ll give you our zero fee guarantee as well. This means that you will not have to pay any money for our services from start to finish. If we win, our fees are taken care of as a portion of the settlement from the company. If we lose, we take no payment at all.
Get in touch with the Downtown LA Law Group today if you want to sue Rooms To Go for lead poisoning from a defective Patmos chaise lounge chair.