On January 23rd, 2020, Varidesk issued a recall for its Stand2Learn stools. Roughly 4,700 of the units were recalled because of improper design. The foot rest on the lower portion of the stool could potentially break and cause someone sitting on it to fall.
The stools are adjustable and can be moved to any height between 19 inches and 33 inches. Students of any age can use them. The stools are gray steel and have a black padded seat. There are four cross bars on the stool for stabilization. The model number of the stools is 42058 and can be found by looking underneath the seat. The UPC code is 8-13866-02369-7 and can be found on the packaging.
The stools were manufactured in Taiwan and imported into Texas by Varidesk. They were sold at Varidesk’s online website, as well as Schoolspecialties.com, Wayfair.com, and Amazon.com. They were also sold by third-party companies. The items cost about $95 and were distributed from June 2018 through November 2019.
To date, there have been seven reports of the foot support of the stools breaking off. There have been no injuries linked to the broken stools, though. Varidesk recommends that all individuals and students refrain from using the stools. They can contact the company to receive a full refund of the cost of the item.
Potential Damages from Broken Stools
Stand2Learn stools, and any stool for students, is meant to be comfortable and allow them to pay attention with the least amount of consideration for their lower bodies. Too often, schools and other places have uncomfortable seats that are hard wood or plastic, and many students spend a lot of time trying to adjust to a comfortable position. These stools are meant to fix that issue.
However, if a stool breaks, it can lead to various injuries. Fortunately, only the welding of the foot rest on the stool is broken on the Varidesk models. This means that students who are leaning forward can fall, or their weight may suddenly be redistributed and cause them to slip off the stool. Other stools, though, may be improperly created and have the entire adjustable leg mechanism fail, or the leg itself may break or crack. These sudden falls straight down onto a collapsed stool may be more dangerous.
Some of the injuries that you can suffer if the stool breaks include:
- Traumatic brain injuries
- Broken bones
- Puncture wounds
- Muscle damage
- Nerve damage
- Hip and knee injuries
- Spinal cord injuries
- Herniated or slipped discs
- Neck damage
Some injuries from stools may aggravate previous damages. For example, if you already had spinal surgery, a fall off a stool could set your recovery back months. If you have a proclivity towards dislocations, you may more easily suffer one from a fall.
These injuries could be severe and may require you to undergo weeks or months of treatment. If you were injured in such an incident, it is highly recommended that you take necessary legal action.
Liability from a Defective Product
Determining liability of a defective product like a Varidesk Stand2Learn stool may be difficult if you have never handled a claim before. In order to find a company liable for a defective product, you must show one of these three points:
- The item had a design flaw that should have been caught before it was manufactured
- The item had a manufacturing error that occurred during its production
- The item did not have warnings on it or on the packaging
The Varidesk stools were designed properly. The adjustable height legs function fine, and there is generally no need for specific hazard warnings outside of the fall risk. However, the fact that the foot rests were not welded to the legs properly indicates that there was a manufacturing error somewhere. The machines used to assemble the stools could have malfunctioned and created a batch of stools that were not stable.
Even though the stools were manufactured outside of the United States, you can still find the U.S.-based company liable. They should have checked the quality of the stools to ensure that they were not dangerous. Because Varidesk distributed the stools here, the company is liable.
How to file a Product Liability Claim against Varidesk
If you wish to file a product liability claim against Varidesk, you will need to collect appropriate evidence. You may need to take your time to do this, as not all evidence can be collected in one day.
The first step you should take, though, is to go to the doctor for medical treatment. You should evaluate your injuries and see how severe the damage was. While at the hospital, you can hold on to all receipts, MRI and X-ray results, medication prescriptions, doctor’s notes, and more. It is highly recommended that you go to the doctor quickly – if you wait too long, two issues can occur. The first involves your health: your injuries may worsen and become harder to treat. The second pertains to your claim: if you do not get treatment fast, the insurance agent can assume that you were actually injured in another event, and you are merely blaming the defective stool for your injuries.
Next, you should acquire photos of your injuries and the defective product. You may even have access to security footage showing the accident happen. Either way, proof of the problem will be necessarily.
In line with photos, you should keep the stool and not throw it away, return it to the manufacturer, bring it somewhere to be repaired, or try to fix it yourself. If you tamper with it or get rid of it, you will lose your most crucial piece of evidence. It will be very hard to prove that you were injured due to a defective product if you do not have the product on hand to show the malfunction.
Be sure to keep the receipts showing that you bought the stool. This can include a confirmation number, a proof of purchase document, a bank statement or credit card statement, and more.
If anyone else saw the incident take place, you can ask them for their input and eyewitness statements. These testimonies can greatly help your case, as it will show that you were not the only one who was aware of the defect. Another party can bolster your statements.
Finally, you should look for a product liability attorney in Los Angeles who can handle your claim. You might not have legal experience, which is not great. By hiring a skilled lawyer, you can deal with your injuries while we hire expert witnesses, negotiate a fair deal, and more. You should not have to pay for the debts and expenses you racked up if you were hurt because of the broken Varidesk Stand2Learn stool.
Product Liability Lawsuit Compensation
Your product liability claim may be worth a fair amount of money. The insurance agent handling it will come up with an offer and we will negotiate a better deal. Our goal is to bring you the total coverage available for your claim, including the following:
- Medical bills for surgery, hospitalization, prescriptions, physical therapy, future treatments, and more
- Property damage if your belongings were broken or must be repaired, and the cost of the stool
- Lost income that you could not receive due to time off from work for recovery, injury, or future medical procedures
- Pain and suffering damages for emotional anxiety, psychological trauma, fear, PTSD, and more
We will do everything in our power to ensure that you are fully compensated.
Our Promise to You
The Downtown LA Law Group promises to work around the clock to secure you a fair victory for your product liability lawsuit against Varidesk for injuries from a broken Stand2Learn stool. We will do everything in our power to win your claim, including going to court if we must. Our attorneys are aggressive and committed to your case, and we have recovered hundreds of millions of dollars in restitution for our clients throughout the years.
Call our law offices today if you wish to receive a free legal consultation. We are available around the clock and will always be able to talk about your case with you. You are invited to ask us any questions you wish and we will give you appropriate answers. We will also tell you more about our zero fee guarantee, which says that you won’t touch your own personal finances throughout the case, win or lose. We won’t get paid unless and until we win, and the money for our services will come from the settlement or verdict we bring you from Varidesk. If we lose, we eat the losses and you walk away debt-free to our firm.
To file a product liability lawsuit against Varidesk because you were hurt from a defective Stand2Learn stool, get in touch with the Downtown LA Law Group today.