COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

West Virginia residents: Affected by defective product?

| Jul 3, 2013 | Dangerous Or Defective Products

West Virginia residents may be aware of the dangers of a defective product. When a consumer purchases something, they probably do so with the confidence that it has been tested and is being sold as a safe product. Recently, Ross Stores have come under attack for selling certain children’s clothing that the company was believed to have known was a defective product.

When a company learns they have a defective product in their store, they are required to report it within a 24 hour time period. Ross had already been previously fined in the amount of $500,000 for the same violation. This time, the agreement was for $3.9 million making it the second largest penalty in the history of The Consumer Product Safety Commission. Ross has released a statement maintaining their innocence that they did not knowingly continue to sell any dangerous or defective products to their customers. 

Although no injuries were reported as a direct result of the clothing sold at Ross stores, there have been several injuries and deaths related to the type of clothing which included draw strings around the neck area or waistline. The commission has verbalized that they are trying to increase their efforts regarding companies that don’t follow the guidelines, so that appropriate action is taken. While this is a step in the right direction, this won’t help previous victims that have been injured or families that may have lost a loved one as a result.

Any West Virginia resident that feels they have received an injury as the result of a defective product may want to investigate their rights under the applicable state laws. Since there are laws in place to protect a person from a defective product, a person can potentially find the needed information to decide if a civil suit is warranted. However, should a person need help in pursuing facts or the appropriate steps to take, they may want to look into obtaining legal representation.

Source: The New York Times, “Ross Stores Fined in Sales of Defective Clothing,” Ron Nixon, June 20, 2013