Product Liability Case Filed Against Electric Heating Pad Manufacturer
In late January, a class action lawsuit alleging product liability claims was filed in connection with the manufacture, marketing, and sale of Mighty Bliss electric heating pads, as produced by Whele, LLC. According to the lawsuit, the products suffer a design defect which leads them to overheat during use or while they are charging, which creates the potential to produce fires and burn consumers. Specifically, the defect has led to a number of complaints of burns, rashes, and/or shocks associated with the product.
Failure to Issue Meaningful Recall to Protect Consumers
While Whele, LLC initiated a recall of the product, those injured by the product claim that the recall was both grossly inadequate and failed to provide sufficient notice or monetary compensation to consumers. In fact, plaintiffs now claim that the failure to disclose this defect to the public sooner resulted in significant profits for the company, which was able to sell hundreds of thousands of units in the meantime.
Failure to Provide Effective Notice to Consumers
In addition, plaintiffs now allege that because the defendant namely sold the dangerous product through Amazon, but failed to provide any information relevant to the defect or recall on Amazon’s website, specifically, the information failed to actually reach most consumers.
Failure to Provide Refunds
They also allege that, instead of providing refunds to consumers who bought the product, Whele, LLC has instead required that these consumers engage in a lengthy claims process that makes it virtually impossible to obtain a refund.
Legal Claims & Questions
Questions of law and facts involved in cases like these can include the following:
- Whether defendant misrepresented and/or failed to disclose material facts concerning the product
- Whether their conduct was deceptive and/or unfair
- Whether they were unjustly enriched as the result of such conduct
- Whether plaintiff(s) sustained damages as a result
When consumers are injured like this by a product, they can not only bring claims under Georgia product liability laws, but also breach of warranty claims, fraud, unjust enrichment, and the Magnuson-Moss Warranty Act.
In this case, it was also possible to demonstrate that the defendant had prior knowledge of the defect due to receiving numerous reports concerning it at least one year prior to issuing the recall. What makes this delay appear especially egregious is the fact that a number of these complaints involved serious physical injuries due to the product, such as burns. In these circumstances, defendant manufacturers should take immediate action to protect consumers.
Contacts Our Attorneys for Help
Product liability cases can be extremely complex. As a result, it is essential to retain counsel that is experienced in litigating these issues. Contact our Macon product liability attorneys at the Law Offices of Buzzell, Welsh & Hill today for a free, confidential consultation to find out how we can help.
