On January 14th, 2020, Thompson’s issued a recall for its WaterSeal Waterproofing Wood Protector and its Masonry Protector. The sprays are Aerosol cans, and the contents of them can potentially react with the packaging. Rust may form along the seams, which, over time, can create tiny holes, thus creating a fire hazard if the cans are used near flames or an ignition. There may also be inhalation injuries and property damage from the leaked sealant. Roughly 852,000 of the cans were recalled.
The recalled items come in a few different varieties. They are used prevent water damage to exterior wood from rain and other moisture. All cans are 11 ounces and have green or blue caps. The can has all of the information on the label, including the item number and UPC code. All of the relevant identifying information can be found below:
- Thompson’s WaterSeal Waterproofing Wood Protector Aerosol, Item #: TH.041800-18, UPC Code: 032053418006
- Thompson’s WaterSeal Signature Series Aerosol, Item #: TH.091800-18, UPC Code: 032053918001
- Thompson’s WaterSeal Waterproofer Plus Wood Protector Aerosol, Item #: TH.011800-18, UPC Code: 032053118005
- Thompson’s WaterSeal Waterproofer Plus Masonry Protector Aerosol, Item #: TH.023100-18, UPC Code: 03205323100
The items were manufactured in Ohio and were sold at Lowe’s Home Improvement, Home Depot, Walmart, Menards, and various other home improvement and maintenance stores across the nation. They were distributed from February 2014 through September 2019. They cost about $8 per can.
To date, there have been 18 reports of the cans leaking in some way. Fortunately, no reports were accompanied by fires, property damage, or other injuries or losses.
Customers are being directed to refrain from using the cans. They can discard them properly by bringing them to appropriate recycle centers; it is not recommended to merely throw the cans away. Customers can contact Thomson’s Company to request a full refund for the costs of the can.
Injuries from Leaky Spray Cans
Aerosol cans are notorious for leaking and for emitting dangerous fumes into homes. These fumes may be harmful over time, like carbon monoxide, or they may be dangerous if they come into contact with flames. The Thompson’s Company spray cans fall under the latter category, as the leaks may not be apparent at first and can be used near open flames. Exterior woods may be located next to barbecues or grills, or they may be near fireplaces. It is important that you always make sure that you are not near a dangerous area when you are using the spray can.
If you do use a spray can and a fire occurs, you may be severely burned. First degree burns are generally not very serious they only result in redness and some swelling, accompanied by lingering pain. They do heal in a few days, though, and do not impair you very much. On the other hand, second degree and third degree burns are much more debilitating. These affect deeper layers of the skin and tend to have numerous other damages. They may cause scarring and disfigurement, nerve damage, muscle pain, and more. The skin can turn white and be extremely sensitive to sensation or it may be completely numb. These burns may take weeks or months to heal; in the first cases, you will need skin grafts to repair the damaged area.
Further, a fire can do more than damage your skin. The leaky cans can cause widespread fires to consume a house or garage, leading to heavy losses and property damage.
It is very important that you take the necessary measures to properly store and use any Aerosol can. You should assume that every can has the ability to cause a fire, and refrain from using the sprays near open flames. You should store them in areas that will not lead to extreme damages, too.
What to Do to Sue Thompson’s Company for Injuries from a Leaky Aerosol Can
Product liability claims can be filed if you can prove one of three points. These potential points are:
- There was a design error with the product
- There was a manufacturing error with the item
- There were no hazard signs or warning symbols on the item or on the package
These spray cans may not have been properly designed. There should have been awareness of the chemicals within and the kind of materials that were used to contain the. However, it is also possible that the manufacturing company purposely used different materials and did not inform the designers. In either situation, there was a clear bout of negligence and an error on behalf of some party.
To file a claim, you should have sufficient evidence n your side. It can be difficult to gather this evidence if you have never pursued a lawsuit before. We recommend following these steps to ensure that you have the best chance of success with your claim:
If you were injured in some way, whether by burns or by sustaining inhalation injuries, you should go to the doctor immediately. It is important that you do not delay your trip to get treatment; if you do, your injuries could actually get worse due to being left alone. You also may run the risk of the insurance agent being dubious about the nature of your injuries. A long gap may indicate that you were hurt elsewhere or at another time and you are simply using an opportunity. While at the doctor, you should request copies of the medical treatment and doctor’s notes. You should also hold on to the medical receipts and insurance documents you may have signed.
You can take photos of the injuries you suffered, but you should also take pictures of the leaky can and the scene of the incident. You may have video evidence as well, which can also be added to the claim.
If there were any eyewitnesses who saw the incident happen, such as family members or friends, you can ask them to provide their statements and testimonies. You may also find other people who suffered injuries or damages because of the leaky spray cans, which can be the perfect foundation for a class action lawsuit. Numerous plaintiffs can gather together to sue the company, and the large amount of evidence will be beneficial to your claim.
It is important that you do not throw away the can or try to fix it. You should hold on to it so that you will not lose your primary piece of evidence. If you do not have the can, it will become very difficult for you to prove that there was a defect with the item, and the company can deny wrongdoing. You will have a claim with little physical evidence on your side.
You should hold on to any receipts that you had that showed that you purchased the can.
Lastly, it is important that you reach out to a skilled lawyer who can handle your claim for you. If you have not dealt with insurance claims before or if you have not handled a claim, you may not know how to proceed. Product liability lawsuits can be difficult to maneuver through, and one slip up may cost you the case. It is highly recommended that you hire an expert lawyer who can litigate your claim if need be and ensure that all your evidence is collected and submitted. We will be able to negotiate a fair deal for you and ensure that your losses are recouped.
Compensation from a Product Liability Lawsuit against Thomson’s Company
You may be able to receive a fair amount of compensation from a product liability claim. We will try to win you every penny you deserve. You should not be expected to cover these expenses if you were injured because of the negligence of a company. Our team of attorneys will strive to win you the following kinds of restitution:
- Medical expenses for any treatment you received, as well as future procedures if you need to continue to return to the doctor, such as for physical therapy
- Property damage if your personal items, furniture, and other belongings were lost or damaged or must be repaired due to the fire from the incident
- Lost income if you were unable to return to work to earn wages or if you were unable to go to work in the future for various reasons
- Pain and suffering damages for emotional anguish, PTSD, anxiety, fear, and more
If you wish to secure the full compensation for your claim, contact our law firm at once.
The DTLA Law Group and You
The Downtown LA Law Group is one of the most revered law firms in Los Angeles. We know the best methods for success with your claim and we will stop at nothing to secure you the maximum compensation available under the law. Our aggressive lawyers have handled product liability lawsuits for years, and our rate of success speaks for itself.
For a free legal consultation, call our law offices today. We will answer all your questions and ensure that you know what’s next for you. If you wish to hire us, we will give you our zero fee guarantee. This means that you won’t have to spend any money on your case – we will cover the costs, and if we lose, we take no payment at all. If we win, the money is taken as a portion of the settlement. Either way, your personal accounts are never touched.
To sue Thompson’s Company for injuries from leaky Aerosol spray cans, don’t hesitate to call the Downtown LA Law Group.