TonGass Pool Drain Covers Recall Class Action Lawsuit

On July 11, 2024, TonGass issued a recall for their Tongass Pool Drain Covers. According to the recall, number 24-303, the recalled pool drain covers do not meet the standards set by the Virginia Graeme Baker Pool and Spa Safety Act (VGBA): this poses an entrapment risk to swimmers and bathers. The recall affects approximately 1,650 units of the product.

The recall includes the Model WGX1048E 8-inch round pool drain covers with ASIN B0CBK7HQQ. The affected drain covers are white and made of plastic; they also have two screws. They have a diameter of 7-7/8 inches. The defective pool drain covers were sold exclusively at Amazom.com from September 2023 through June 2024 for $23 each. According to the company, no incidents or injuries have been reported.

The company is urging all affected consumers to stop using pools with the recalled drain covers. In addition, they are offering a refund. To receive a refund, consumers must remove the drain cover, take a photo, and send the photo to TonGass via email.

If you or a member of your family suffered injuries associated with a defective pool drain cover, it is important that you do not accept any remedy offered by the company. Instead, you should seek legal assistance as soon as possible.

Our legal team here at the Downtown L.A. Law Group is ready to handle your product liability claim and help you recover the payout that you are owed. Our team has decades of experience and is ready to guide you every step of the way. Contact us today!

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Understanding the Injuries that Could Occur

A defective pool drain might seem like something minor; however, defective pool drains can be associated with devastating injuries. Defective pool drains are primarily associated with entrapment. A swim suit can be sucked in by the pool drain, causing the swimmer/bather to become stuck underwater. Although an adult might be able to understand that they are stuck and find a way to get unstuck or simply be able to reach the surface for air, a child will usually not be able to get unstuck. Both adults and children can suffer drowning injuries if they become stuck underwater because of the pool drain. It is also possible for hands and feet to get stuck in the drains, resulting in lacerations, amputations, crushing injuries, and more. In the most severe incidents, victims can get stuck to drains at the stomach, resulting in possible disembowelment.

Steps to Take after Injuries Caused by Defective Products

If you are wondering what to do if you or a loved one were injured because of a defective pool drain cover, consider the following recommendations:

Seek medical attention as soon as possible
Take photos of all injuries
Take photos of the scene of the accident
Speak to witnesses and collect their contact information
If available, identify surveillance cameras that captured the incident and request the footage
Report the incident and all resulting injuries to the company
Do not agree to a refund, a replacement, or a return
Seek the guidance of a recall lawyer as soon as possible

Can I File a Class Action Lawsuit?

Yes, you could be eligible to participate in a class action lawsuit. When it comes to defective products, class action and mass torts claims are very common. This is because affected consumers can come together to pursue their claims against the product manufacturer. How can I join or be a part of a class action lawsuit? In general, participating in this type of claim is as simple as reaching out to a class action lawyer. Is there a class action lawsuit already? Since the recall is recent and no injuries have been reported so far, it is unlikely that there is already a claim. Even if there isn’t a claim yet, your claim could be the first to start the class action. For more information about the legal options available to you, contact us today.

If you or a member of your family suffered injuries as a result of a defective pool cover, you could have the right to file a lawsuit under the concept of product liability law. As discussed above, you could also be eligible to participate in a class action claim. Here at the Downtown L.A. Law Group, our team is fully committed to fighting to protect your rights and getting you the recovery that you are owed, which could include medical expenses, lost income, pain and suffering, punitive damages, and legal fees, for example. Our lawyers have decades of experience and are ready to guide you every step of the way.

Free Case Evaluations: to ensure that we remain as accessible as possible, our team offers free legal services, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns – ensuring that you have access to all the information necessary to start or continue your claim. To schedule a free case evaluation, contact us today.

Zero-Fee Guarantee: you will never be required to pay upfront legal costs for any of our legal services. Since our team works on contingency, our clients will actually not be required to pay anything if their claims are not successful. If you do not win, you simply will not pay anything.

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