How to Seek Justice After a Dangerous Product Has Caused Harm
The U.S. Consumer Product Safety Commission (CPSC) recently issued a serious safety warning regarding TIANQIU AG4 and AG6 alkaline button cell batteries, citing a critical violation of federal safety standards under Reese’s Law. The failure to comply with child-resistant packaging requirements poses severe risks to children, including the threat of battery ingestion, which can result in life-threatening injuries. Victims harmed by these defective products may have legal options to seek compensation for their damages.
The Danger of TIANQIU Button Cell Batteries
Button cell batteries are small, disc-shaped batteries often used in household devices such as remote controls, key fobs, and toys. While their size makes them convenient for electronic use, it also creates a significant safety hazard, especially for young children. When swallowed, button cell batteries can become lodged in the esophagus or digestive tract. The battery's electrical current can react with bodily fluids, leading to severe internal burns, chemical reactions, and, in extreme cases, death.
The TIANQIU AG4 and AG6 battery packs fail to meet the child-resistant packaging standards required under Reese's Law. This legislation mandates that products containing button batteries must meet specific packaging and labeling requirements to protect children from accidental ingestion. Despite these legal requirements, East Sun Wholesale, the importer, has refused to recall the defective battery packs or offer a remedy to consumers, increasing the risk to public safety.
The Legal Basis for a Product Liability Claim
When a manufacturer or importer sells a product that fails to meet federal safety standards, they can be held accountable under product liability laws. Reese’s Law specifically governs button cell batteries to prevent incidents like those posed by TIANQIU products. Failing to adhere to these standards opens the door for legal claims when injuries occur.
Product liability claims can be based on several legal theories, including:
- Defective Design: The product itself was inherently unsafe due to a flaw in its design, such as failing to ensure child-resistant packaging.
- Manufacturing Defect: The product was improperly manufactured, resulting in a dangerous deviation from its intended design.
- Failure to Warn: The importer failed to provide proper warnings or safety instructions, as required under Reese's Law.
How Victims Can Pursue a Product Liability Lawsuit
Victims or families affected by a defective product can file a product liability lawsuit seeking compensation for their losses. The process generally involves the following key steps:
1. Evidence Collection: Victims must gather evidence of the injury, including medical records, the product involved, and proof of purchase. Preserving the defective product and documenting the injury's impact is essential.
2. Legal Filing: A formal complaint must be filed against the responsible parties, such as the importer or manufacturer. The complaint will outline the defective nature of the product and how it caused harm.
3. Discovery Phase: Both sides exchange evidence, including expert testimonies and product analysis, to establish whether the product was indeed defective and violated federal safety standards.
4. Negotiation and Settlement: Many product liability cases are settled out of court through negotiations. A skilled attorney can help ensure the victim receives fair compensation.
5. Trial (If Necessary): If a settlement cannot be reached, the case proceeds to trial, where a judge or jury will determine liability and damages.
Why Victims Need an Attorney for a Defective Product Claim
Filing a product liability lawsuit without legal assistance can be overwhelming, especially when large importers and manufacturers are involved. Experienced product injury attorneys play a critical role in protecting the rights of victims by:
- Investigating the product's safety violations and gathering critical evidence.
- Filing legal claims and handling procedural requirements.
- Negotiating with the opposing parties to secure fair compensation.
- Representing victims in court if a fair settlement cannot be reached.
Without legal representation, victims risk being undercompensated or having their claims dismissed on technical grounds.
Damages Available in a Product Liability Lawsuit
Victims harmed by defective products like the TIANQIU button cell batteries may be entitled to recover various types of damages, including:
- Medical Expenses: Reimbursement for hospital bills, surgeries, and ongoing treatment for internal injuries caused by battery ingestion.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
- Lost Wages: Recovery of income lost due to the victim's inability to work during recovery.
- Wrongful Death: In tragic cases where battery ingestion results in death, families may seek damages for funeral expenses and loss of companionship.
- Punitive Damages: If the importer’s conduct was particularly reckless, punitive damages may be awarded to punish the responsible party and deter future negligence.
How Parker Waichman LLP Can Help You Seek Justice
If you or a loved one has suffered harm due to TIANQIU button cell batteries, you have the right to pursue compensation. Parker Waichman LLP is a national product injury law firm committed to holding negligent companies accountable. Our legal team has the experience needed to handle complex product liability cases and will fight to secure the compensation you deserve.
We offer a free consultation to discuss your case and explain your legal options. Contact us by calling 1-800-YOUR-LAWYER (1-800-968-7529) today to protect your rights and seek justice for the harm caused by a dangerous product. Our firm represents injury victims nationwide!
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