This holiday season, families who celebrate or observe Christmas, many families get their children to participate in holiday activities or traditions such as writing letters to Santa about their holiday wish lists. What happens, however, when a cute idea or activity turns into a dangerous hazard?
According to a recent report from the U.S. Consumer Product Safety Commission (CPSC), a “letters to Santa” mailbox sold at Target was recently recalled. On December 10, 2021, the CPSC recalled the Bullseye Playground brand letters to Santa mailbox, citing that the mail slot on the box could be sharp and pose a laceration hazard. According to the agency, roughly 174,300 were sold in stores and consumers can seek refunds directly from the store. Across the country, Target received nine reports of sharp mail slot openings and seven incidents of lacerations. Of these seven incidents, three lacerations required medical attention.
Unfortunately, because these mailboxes were sold nationwide, Washington, D.C. residents should remain vigilant if you or your loved ones or friends purchased these items. Because many items in addition to these mailboxes often also have faulty designs or manufacturing defects that could cause injury to consumers, it is important to know what your options are if you are ever injured by a product you purchase.
Can Washington, D.C. Residents Recover After Suffering Injuries Related to a Dangerous Product?
Yes, Washington, D.C., like other jurisdictions around the country, has its own product liability laws for when a consumer is harmed by a company or manufacturer’s product. First, if you are injured by a dangerous product, time is of the essence. Most product liability claims must be filed within Washington, D.C.’s three-year statute of limitations. The clock begins ticking from the date of the injury, death, or property damage caused by the product.
Despite the existence of this statute of limitations, however, Washington, D.C. also employs the “discovery rule.” Under the discovery rule, certain injuries may be given more time than what is noted in the three-year statute of limitations. In these cases, the limitations period does not begin to run until the injured person knows, or should have discovered, the injury.
In Washington, D.C., it is also crucial to know that if you contributed to causing the accident or injury at all, then you may be barred from compensation. Under Washington, D.C.’s adoption of the pure contributory negligence rule, which only applies to negligence claims, if your own carelessness or failure to use a product properly caused your injury, you could fail to see your case move forward. Because this is often circumstantial and depends on the details surrounding your case, it is best to consult with an experienced personal injury or product liability attorney on the details before moving forward with your lawsuit.
Do You Need a Washington, D.C. Personal Injury Lawyer?
If you or someone you know was recently injured or killed in a Washington, D.C. product liability or personal accident, contact the attorneys at Lebowitz & Mzhen for assistance today. Our lawyers have represented clients on all types of personal injury and product liability claims and will work to get you the compensation you deserve. To schedule a free initial consultation today, contact us at 800-654-1949.