Smoke alarms are intended to protect homeowners, apartment dwellers, and other people from fire-related dangers. We are reminded on a constant basis that we should test our smoke alarms regularly to ensure that they are working and to make sure that we have enough smoke alarms installed throughout the house. This is considered so important that many fire departments often go door-to-door to test smoke alarms for residents.
Along with smoke alarms, it is often recommended to keep a carbon monoxide monitor in the home. In some cases, the smoke detector and the carbon monoxide monitor will be combined into the same device.
Just like any other device intended for the home, however, a smoke alarm and a carbon monoxide detector can put residents at serious risk if they are not manufactured appropriately. According to a recent report from Good Housekeeping, Kidde, a major manufacturer of smoke alarms and carbon monoxide detectors, initiated a major recall of its products after concerns arose that the devices did not function as they were intended. In some situations, the devices may fail to respond appropriately to an emergency situation, due to lack of power.
A number of Kidde’s devices are run by using a nine-volt battery and are designed to emit a loud chirping sound when the battery is running out. So far, no injuries have been reported associated with failures in the devices. The recall is voluntary, which means that the company has identified the issue before an injury occurs and is encouraging anyone who has purchased one of the affected devices to return it immediately and to refrain from relying on it for the purpose of smoke detection or carbon monoxide detection. The company has indicated that it will replace any of the returned devices with a working device.
If you are injured as a result of a defective product, you can assert a number of claims against the device manufacturer. The most commonly asserted claims are claims for product liability, negligence, and breach of implied and express warranties. Unlike a negligence lawsuit, in which the plaintiff must show that the defendant was at fault, a product liability lawsuit only requires the plaintiff to show that the device in question was designed in an unreasonably dangerous manner or that it failed to include appropriate warnings and instructions. The standard that the plaintiff must meet for a product liability case varies among states. It is helpful, therefore, to consult an experienced product liability lawyer to assess your claim and to help you ensure that you are asserting your rights properly.
At Moll Law Group, we have substantial experience assisting victims with bringing a claim against a company responsible for their injuries. Having handled a wide variety of product liability lawsuits, we have seen how damaging, painful, and stressful injuries related to dangerous products can be for a victim and his or her family. Having counseled clients throughout the United States, including in California, New York, and Florida, we provide a free consultation to help you learn about your legal options and the specific requirements that may apply to your potential lawsuit. Call us at 312-462-1700 or contact us online to get started today.