On January 23rd, 2020, PCNA recalled 5,000 of its Spare 10,000 mAh Power Banks due to a battery problem. The power bank has a battery that can overheat and catch fire. This may cause various burn injuries and fire hazards in the home.
The Spare Power Banks are primarily used to charge electronic devices when you are not near an outlet. The wireless banks have batteries that can exert 10,000 mAh of power (normal smartphones have around 2,500 to 3,500 mAh). The battery banks have LED lights and a flashlight on them as well. They are white in color and have different logos imprinted on them. The PO number is printed on the rear of the power bank: 1813582. They are 5.5 inches long and 2.5 inches wide.
The banks were manufactured in China and imported into Pennsylvania by PCNA. They were not sold in any stores; rather, they were given away as gifts during promotional events and meetings across the nation for PCNA. They were given away from July 2019 to September 2019.
There has been a single report of a fire from an overheated battery. The incident did not result in any injuries. The company is not offering any replacements, refunds, or repairs for the item. Instead, it advises that users properly dispose of the power banks.
Damages from Defective Batteries in Power Banks
PCNA’s Power Banks can cause various injuries if they catch fire. There is a recurring problem in electronic devices that have batteries that are not able to sustain the amount of power they put out. This can happen when they are plugged in and are being charged as they are exerting the power or when they are in poorly ventilated places. Power banks that are kept under the covers, for example, can catch fire more easily because of the build-up of heat.
If a battery or power bank ignites, you could suffer burns. Burns happen on a scale of severity. First degree burns are generally the normal kinds of injuries you receive from flames; you may jerk back immediately but still suffer some damage. The skin may turn red and be sore for a few days, but it will heal relatively quickly. Second degree and third degree burns, on the other hand, are more severe. The skin may turn a deep shade of red or even white. The area may grow numb or have an extreme reaction to any sensation. The skin can blister and be raw for days. In the most serious cases, there will be nerve damage to the lower layer of skin.
It is possible to suffer disfigurement, muscle damage, facial injuries, hand damage, and other injuries from these fires. Of course, if a fire breaks out and you are asleep or you are not at home, it can quickly spread and engulf your house. Although it is rare for power banks and electronic devices to cause house fires, it is still possible, and the risk of extreme property loss and death is high.
Steps to Take to Sue PCNA for a Defective Product
If you want to sue PCNA because you were injured due to a fire from a Spare Power Bank, you will need to prove that the company was responsible for the incident. Product liability claims require one of three points. They are:
- There was a design flaw with the item
- There was a manufacturing error with the product
- There were no hazard signs or symbols on the item or its packaging
The designers should have known that the battery may possibly overheat. This is likely a design flaw with the product; a less powerful battery should have been used, for example, or the power bank should have been better ventilated.
To file your claim, you will need sufficient evidence. We recommend following these steps to get evidence:
- Go to the doctor for medical treatment
- Do not delay treatment, or you may risk losing your claim or worsening your injuries
- Hold on to medical receipts, doctor’s notes, and other hospital documents
- Take photos of your injuries
- Do not throw away the battery pack, tamper with it, try to fix it, or bring it anywhere to be fixed
- Do not return the battery pack to the store or company, as you will lose your primary piece of evidence
- Hold on to any proof that you owned the battery pack, such as documents from the event or photos of you using it
- Get eyewitness statements and testimonies if possible from anyone who saw the incident happen
If multiple individuals were affected by the defective battery pack, you could start a class action lawsuit against the company. This is when numerous plaintiffs pool their evidence and sue one defendant for compensation. The chance of success is increased because of the larger amount of proof, but the total compensation amount per person is decreased since the settlement is equally disbursed among the plaintiffs.
Once you have this evidence, you should find a lawyer who can handle the product liability claim. It is highly recommended that you do not go through with a lawsuit by yourself; if you do, you run the risk of losing or of not having the legal knowledge to handle it. You may also be injured and have to attend to other matters. With a lawyer on your side, you can recover and deal with the rest of your life while we work on your case.
Restitution from a Product Liability Claim against PCNA
Your product liability lawsuit against PCNA can result in a large settlement. We will do everything we can to ensure that you are appropriately paid for your injuries. Our goal is to bring you compensation for the following:
- Medical bills from the past and future for hospitalization, surgery, physical therapy, medication, and more
- Lost wages if you could not go to work or if you were forced to miss future work assignments because of medical help or recovery time
- Property damage to recover the personal belongings that were lost or to repair or replace other items, like furniture and the device
- Pain and suffering damages to cover the emotional suffering, PTSD, anxiety, fear, and more
If a fire resulted in the untimely death of a loved one or family member, you could file a wrongful death claim as well to pursue reimbursement. You may be able to receive funeral and burial fees, loss of consortium, loss of expected savings and inheritance, pre-death medical bills, pre-death pain and suffering, and more.
We will not rest until we have brought you a settlement that you are satisfied with. You do not deserve to pay these expenses if the accident were the result of faulty design and oversight by PCNA.
Statute of Limitations on Product Liability Lawsuits
The statute of limitations is the time limit during which you can legally sue for compensation. If you do not sue within that time period, you will not be able to secure any compensation in the future. The statute allows both parties the opportunity to gather enough evidence against each other without it being unfair for one party. If you wait too long to sue, your evidence may get lost or corrupted, which can greatly impact your claim.
There are a few ways in which the statute of limitations can be extended. These scenarios include the following:
- Underage victims can wait to sue until they turn 18 years old
- Incapacitated victims can wait to sue until they return to health
- Victims with cases where the defendant has left the state can wait to sue until he returns to California
Often, lawsuits fail to get filed because the victim does not realize when the statute of limitations elapses. If you want to ensure that your case is filed by the deadline, speak with our expert product liability lawyers.
Our Firm is Here to Help
The Downtown LA Law Group in Los Angeles can provide you with expert lawyers and high quality legal services. We know the best methods for success in product liability claims and we have a history of winning cases. Our aggressive attorneys will stop at nothing for your fair restitution, including going to court if necessary.
To set up a free legal consultation, call our law offices today. If you want to ask us any questions, we encourage you to do so. We will ensure that you know how the legal process works and what you can expect out of the lawsuit, as well as the potential value of your damages. If you want us to represent you, you will also be given our zero fee guarantee, which says that you won’t have to pay any fees. We will get paid only if we win, and the money will come as a portion of the settlement we bring you. If we lose, we get nothing at all.
To sue PCNA for burn injuries from a defective Spare Power Bank, get in touch with the Downtown LA Law Group.