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Pier1 desk chair product liability attorney malfunction injury sprain dislocation concussion claim sue design flaw compensation negligence

Pier 1 recalled its desk chairs on January 30, 2020. The numerous models of chairs have faulty or defective legs that can break during use. Individuals sitting in the chairs or using hem can suddenly fall and suffer serious injuries. About 6,000 of the chairs were recalled in total. The upholstered desk chairs can swivel and have a base with five horizontal legs with wheels. On the underside of the seats, you can locate the words “Pier 1,” “China,” and the model number. The specific collections and model numbers of the chair can be found below, as referenced by the recall on the CPSC page:

  • Brennon: Natural, 3218728; Turquoise, 3595783; Brown (Bomber), 4131834
  • Corinne: Ivory, 2855272; Natural, 3787830
  • Devon: Natural (Flax) 3218730
  • Emille: Navy blue, 3600041; Gray, 3606218; Navy blue (Velvet ink), 4133680; Light green (Velvet eucalyptus), 4133692; Off white (Velvet dove), 4133727
  • Hourglass: Natural (Flax), 3030877; Light gray (Mist), 3232879; Gray, 3232894; Turquoise, 3232931; Gray (Velvet gray), 3707849

The chairs were manufacturer in China and imported by Pier 1 Imports in Texas. They were sold at Pier 1 Imports stores across the country and online at Pier1.com. They were available from May 2019 through November 2019 and ranged in price from $260 to $450. To date, there have been 29 separate reports of the chair legs breaking. One individual suffered a minor spinal cord injury from an incident. The company has recommended that consumers refrain from using the chairs and reach out to Pier 1 Imports for a free repair kit. The repair kit will be shipped free of charge, as well.

Injuries from Defective Desk Chairs

Desk chairs with defective legs or malfunctioning legs can cause many injuries if you fall. People generally do not expect to suddenly fall out of a chair when they sit down, so the incident will take you completely by surprise and give you less time to break your fall. The chairs may also be in locations that are dangerous, such as next to sharp edges of tables. A fall can result in various injuries, including the following:

  • Broken bones
  • Sprains
  • Dislocations
  • Fractures
  • Torn muscles
  • Nerve damage
  • Concussion
  • Traumatic brain injuries
  • Spinal cord injuries
  • Herniated discs
  • Neck injuries
  • Internal organ damage
  • Lacerations
  • Bruises
  • Abrasions
  • Scarring
  • Knee and hip injuries
  • Crushing injuries
  • Paralysis
  • Coma
  • Death

It is not exactly common to die from a fall from a desk chair, but there are risk factors that can increase the likelihood. Older or elderly individuals may fall and be unable to get up, or they may have a previous condition that could suddenly worsen due to the fall. It is very important that desk chairs be placed in areas that are relatively safe.

For example, if a desk chair is placed next to a glass table, you may want to reconsider moving the table so that it is out of the way if a fall ever happens. You can instead place a couch or other item nearby to lower the chances of serious injuries.

Filing a Product Liability Claim against Pier 1

If you wish to sue Pier 1 Imports for injuries from a broken desk chair, you will have to prove that they were negligent. This can be done by showing one of these three points:

  • The item had a design flaw
  • The item had a manufacturing error
  • The item had no warnings or hazard signs on it or on the packaging

The desk chairs were likely not designed wrong. They appear to be like most other desk chairs, with a wide base and wheels. The problem was likely in the material used or the way the chairs were assembled. Desk chairs can collapse if the plastic is weak or broken, or if the legs were not fully affixed to the chair itself. Any unequal distribution of weight onto a weak area will cause it to break. It is likely that there was no hazard sign either, but it is not necessarily required on a chair.

Once you have determined the cause of negligence, you can start to gather evidence. We recommend immediately going to the doctor for medical treatment. You should not wait to get medical help; if you do, you may worsen your injuries and you may inadvertently damage your claim. An insurance agent will look at the time between the incident and the visit to the doctor, and if there is a large gap, he may believe that you were hurt in another incident. The less time in between, the better it is for your claim.

You should hold on to any medical receipts, prescriptions, doctor’s notes, and test results from your visit to the doctor.

It is important that you get photos and videos of the desk chair, the location the accident happened, and more. If you were in an office, you may be able to acquire surveillance footage that shows the incident happen. This can greatly benefit your claim.

You should not throw away the chair, replace it, take it somewhere to get repaired, or try to fix it yourself. You should not even accept the refund for the return. If you do, you will lose your main piece of evidence and your claim will greatly suffer. The company can claim that you broke it yourself or that there is no evidence that there was even a chair that caused the injury.

There may have been eyewitnesses or coworkers who saw the incident take place. You can add them to your claim and request their statements and testimonies. There is also the chance that you will be able to join a class action claim. If numerous individuals were hurt because of the chair’s defects, you could collectively pool your evidence and show that the company was negligent. This may result in a stronger claim and victory, but the settlement will be distributed among the plaintiffs, so the total amount may be small.

You will need to show that you bought the chair or that you were the legal owner of it. Bank statements, receipts, credit card statements, proof of purchase emails and documents, and more can be used to show ownership.

Lastly, you should reach out to a product liability lawyer in Los Angeles for your claim. If you have never taken legal action, you may not have success with such a lawsuit. An attorney can ensure that his expertise is well used and that your claim is handled appropriately. You should focus on recovering from your injuries, not on negotiating with insurance agents and invoking the law.

Compensation from a Product Liability Claim

A product liability lawsuit can result in a fair amount of compensation for your damages. You may be able to receive coverage for the following:

  • Medical expenses from the past and future for surgery, medication, physical therapy, and more
  • Lost income from the time you could not work in the past as well as in the future due to medical procedures and recovery time
  • Property damage to replace the cost of the chair and any other items that were broken or lost in the incident
  • Pain and suffering damages for the emotional turmoil and mental trauma you suffered due to the incident and ensuing injuries

We will not stop fighting until we are satisfied with the results of the claim. You deserve the maximum restitution for your damages and we will see to it that you are properly covered.

Product Liability Statute of Limitations

There is a 2-year statute of limitations on product liability lawsuits in the State of California. If you do not file your claim within this time period, you will be unable to do so in the future. It is important that you file a claim quickly – your evidence will still be fresh and intact and there will be a lesser chance of your witnesses forgetting key details.

There are a few ways in which the statute of limitations can be suspended. This may occur if you were underage at the time of the incident, making the statute not begin until you turn 18 years old. You may have been left incapacitated after the incident as well, so you would not have to adhere to the statute until you return to health.

Many individuals do not file claims because they do not know a statute of limitations exists or they do not know how much time is left on the lawsuit. We will ensure that your claim is submitted on time and that your demand letter is at the insurance company well before the statute of limitations expires.

The Best Firm for You

The Downtown LA Law Group is known for its aggressive lawyers and high rate of success. We have handled thousands of product liability cases over the years between us, and we know the best methods for success. Our firm is fully committed to our clients and we will do everything in our power to succeed in your claim.

For a free legal consultation, call our law offices today. We will answer all your questions and help you understand how much your claim is worth. If you want to hire us to represent you, we will also give you our zero fee guarantee. We won’t get paid unless and until we win, and if we lose, we take no payment at all.

To sue Pier 1 for injuries from a defective desk chair, get in touch with the Downtown LA Law Group.

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