On August 30, 2019, RH issued a recall for their children’s chairs and stools. According to the recall, the paint used on the chairs and stools contain levels of lead that exceed (and therefore, violate) the ban on lead paint on the federal level. This recall is significant not only because of the fact that exposure to lead can be dangerous but also because children – the target consumers of the recalled chairs and stools – are at an increased risk of adverse health effects after exposure to lead. Approximately 3,200 units of the defective chairs and stools were sold in the U.S. (another 180 were sold in Canada). The defective chairs and stools were sold over more than a six-year period from October 2012 to May 2019; the chairs and stools were sold for process between $40 and $130 at RH Baby & Child, RH Teen stores, RH warehouses, RH outlets, www.rhbabyandchild.com, and www.rhteen.com. The recall specifically includes the following models of Vintage Steel Play Chairs and Stools (sold in a distressed red color):

• Play Chair (103480DRED)
• Tall Play Chair (103481DRED)
• Play Stool (103522DRED)
• Tall Play Stool (103521DRED)
• Step Stool (111081DRED)

The recalled chairs and stools have “Made in India” and a SKU number printed on a green label under either the chair seat or the stool step. The recall claims that no injuries have been reported. The recall suggests that all consumers who own the defective product immediately stop using the chairs and stools, place them away from children to prevent further use, and contact the company (RH) for a full refund.

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If you are certain that neither you nor your children suffered adverse health effects as a result to the exposure to lead in the recalled chairs and stools, it is acceptable to follow the recommendations set out by the recall. However, it is possible there are many unreported harm in associated with the lead in the paint used on the chairs and stools. If you or your child suffered adverse health effects as a direct result of exposure to lead, you might have grounds to pursue a claim. More specifically, you might have grounds to pursue a product liability claim against RH. RH might be liable for the harm that you or your family suffered as a direct result of exposure to the lead on their products. If you are interested in exploring the possibility of taking legal action against RH, do not hesitate to contact our law firm immediately. You can trust 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 and representing victims and their families. At Downtown L.A. Law Group, our defective product lawyers with experience in the harm caused by lead exposure are ready to represent you and help you recover the monetary compensation that you deserve. If you would like to discuss the possibility of filing a claim against RH, do not hesitate to contact our experts immediately.

The Dangers of Lead Exposure

Exposure to lead can result in lead poisoning. Young children are specially susceptible to lead poisoning because they absorb lead easier; lead is also more harmful at these ages. Lead harms the production of blood cells as well as the absorption of calcium. High levels of lead can result in brain damage as well as kidney damage. If untreated, lead poisoning could be fatal. Although exposure to lead and lead poisoning can be symptomless in some children, some symptoms can include the following: pale skin; weakness of muscles and joints; fatigue (feeling tired); metallic taste in mouth; headaches; behavioral issues; trouble concentrating; constipation; nausea and vomiting; loss of appetite; weight loss.

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In adults, lead poisoning could result in some of the following symptoms: fertility problems (reduced/abnormal sperm, miscarriage, etc.); mood disorders; high blood pressure; joint pain; muscle pain; abdominal pain; headache; problems with memory/concentration. Unfortunately, exposure to lead is often disregarded. However, the dangers of lead exposure and lead poisoning are real and should always be taken seriously. If you or your child were exposed to lead and suffered any sort of harm, it is essential that you seek legal assistance as soon as possible to learn more about pursuing a claim.

How is RH Liable?

All companies have the duty to ensure that their products are completely safe for consumer use. In this case in specific, the company had to also ensure that their products were compliant with all laws – the RH chairs and stools were in violation of the federal lead paint ban. By using lead-based paint in a children’s product, RH was completely negligent – as the danger of lead exposure is common knowledge. All companies have a duty of care towards their consumers. They must ensure that their products are safe for its intended use. This means that they have to test and inspect their products to identify any possible hazards that could harm consumers. When companies breach their duty of care to consumers, they negligently create the risk of harm. When consumers suffer harm as a result of a breached duty of care (the negligent actions of a company), the companies can be held liable. By using lead-based paint on their products, RH was negligent and put innocent parties at risk of injury. To establish product liability, there must be a defect in the product’s design, labeling, or manufacturing. The reckless use of lead-based paint in the product is a manufacturing defect; therefore, the company is likely to be held liable. If you would like to learn more about establishing liability for the harm caused by defective products, do not hesitate to seek legal assistance as soon as possible from the lawyers at our law firm.

What Should You Do?

Consumers simply do not expect to be harmed by the products they purchase for themselves and for their families. Therefore, it is not surprising that many people simply do not know what they should do after being harmed by a defective product. In general, the parties harmed by defective products in any way should do the following:

• Seek medical attention immediately
• Photograph the defective product
• Do not tamper with the defective product in any way (e.g. do not try to remove the paint)
• Contact the company to report the defect and the harm that you suffered
• Do not agree to a free repair
• Do not agree to a full or partial refund
• Do not return the product (keep the product in a safe place – it will be your main piece of evidence)
• Gather all medical records associated with the harm suffered
• Gather all records associated with the purchase of the defective chairs or stools
• Seek legal assistance with a product liability lawyer immediately

When you follow the recommendations listed above, you are essentially preparing to pursue a claim and recover the compensation that you deserve. Following the steps above is likely to increase the possibility of reaching a successful claim outcome – given that the harm that you or your child suffered was a direct result of the negligence of the company.

Could You Recover Monetary Compensation?

Your child suffered adverse health effects due to exposure to lead paint; could you recover compensation? Whether you or your child suffered harm as a result of being exposed to lead in the paint of chairs or stools that otherwise seem completely harmless, you might be entitled to receive compensation. Depending on the details of your claim, you might be eligible to recover compensation for some of the following:

• Medical costs
• Lost earnings
• Pain and suffering
• Loss of consortium
• Punitive damages

Although recovering compensation cannot reverse the harm resulted from the defective product, it could help you and your family move forward from such a traumatic time of your life; recovering monetary compensation can also remove some of the financial strain associated with the harm that you and your family suffered. When you allow our lawyers to handle your claim, you could be certain that our product liability experts will always fight for your right to recover the maximum amount of compensation available for your claim. If you are ready to discuss the compensation that you could be eligible to receive with the experts at our law firm, contact us today.

Contact Downtown L.A. Law Group

If you are in need of legal assistance, do not hesitate to contact lour firm immediately. Our law firm is dedicated to representing you and helping you recover the monetary compensation that you deserve. At Downtown L.A. Law Group, we understand that it is often difficult to access all the information necessary to pursue a claim. Therefore, we are dedicated to providing our clients with all the information that they need to fight for their rights. More specifically, our firm offers free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all questions and address all your concerns – ensuring that you have all the information necessary to take legal action against RH or any other company that negligently contributed to the harm that you suffered with their defective products. If you would like to benefit from our free legal services, call (855) 339-8879 immediately. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees. Our contingency structure also ensures that our clients are not responsible for legal fees until they reach a successful claim outcome; you will not pay unless you win. If you are ready to learn more about your right to sue RH for the harm that you or your child suffered due to their defective chairs and stools, contact us today – we are ready to represent you.