Fall Hazards with Antigravity Chairs
The Consumer Product Safety Commission (CPSC) recently announced Kohl’s recall of SONOMA Goods For Life-branded Ultimate Oversized Antigravity Chairs. Kohl’s stores sold the chairs from January 2019- June 2021 for around $240. The chairs come in various colors. They are built with aluminum frames and legs, fabric backs, and removable head pillows fixed in place with Velcro. A tag is sewed into the fabric on the chair’s seat. Consumers were told to stop using recalled chairs and return them to the store. If you were injured in a fall due to an antigravity chair, you should discuss what happened with the experienced Chicago product liability attorneys of the Moll Law Group. Billions of dollars have been recovered in litigation with which we’ve been involved.
Fall Hazards Arising Out of Antigravity Chairs
Prior to the recall, there were 18 reports made to Kohl’s of the antigravity chairs breaking or collapsing. In two instances, users received minor injuries. As a consumer, you should stop using the recalled antigravity chairs immediately and bring them back to the store. If you have a receipt, you can get a full refund. You will get store credit if you don’t have a receipt.
Product Liability Lawsuits
If you were injured in an antigravity chair, you may be able to recover damages. Each state follows its own rules regarding which theories may be used to pursue damages. Product liability lawsuits tend to be complex, which is why it is critical to retain a lawyer with experience in this practice area.
Chairs that result in falls could be defective in one of three ways: manufacturing, marketing or design. Whether you’re injured by an antigravity chair that varied from design specifications, required additional warnings, or was made poorly, you may be able to sue the company that sold the dangerous product for damages.
In most cases, anybody, whether a person or company, in the chain of distribution could be held accountable for losses arising as the result of the product. Defendants could include manufacturers, assemblers, suppliers, lessors, wholesalers, and retailers.
The primary theories used to pursue damages in Illinois are negligence and strict liability. In a lawsuit predicated on negligence, our lawyers will need to prove that the defendant’s conduct fell below an applicable standard of care. When damages are pursued under a theory of strict liability a plaintiff must prove: (1) injury to the consumer arose from the condition or defect of the product made or sold by a defendant, (2) the condition or defect was an unreasonably dangerous one, and (3) the defect or condition existed at the time it left the manufacturer’s control.
In most cases, damages in product liability lawsuits are compensatory. This means they’re intended to make up for the injuries caused by the defective product. The amount and nature of damages varies depending on the types of injuries sustained. For example, if you break your tailbone due to the fall, you may be able to recover emergency care, medical expenses, therapy, rehabilitation, lost income, lost earning capacity, pain and suffering, and mental anguish. A broken tailbone can take 8-12 weeks to heal. If you have a job that requires you to be on your feet, you may not be able to work for that amount of time, just when you need to be able to cover significant medical bills.
When a company knows of a defect and continues to sell the product or fails to provide warnings, it may be liable for punitive damages. The scope of these damages varies.
Consult a Seasoned Product Liability Lawyer
If you were injured in a fall involving an antigravity chair, you should talk to the experienced Chicago product liability lawyers of the Moll Law Group. We represent clients all over the country. Contact us online or call us at 312.462.0427.