The U. S. Consumer Product Safety Commission (CPSC) along with Nest Labs has recalled about 440,000 Nest Protect: Smoke + CO Alarms. These defective smoke alarms are being recalled because they fail to activate when there is activity near them during a fire. There have been no reported injuries or property damage from these defective products and there is a simple remedy.
If you have one of these smoke alarms, link your Nest Protect device to your wireless network and download the free update. You can confirm that your device has been updated by logging into your Nest account and making sure the button for Nest Wave is off and “grayed out.” Although the company has come up with a remedy, there is no question that this is a dangerous defect because those who have these alarms may go to bed thinking that they will be alerted in the event of a gas leak or fire when in reality, they will not be alerted until it is too late.
Whenever you are buying an important product such as a smoke alarm, appliance, or child product, make sure that it has not been recalled for safety reasons. Some products require repairs and are dangerous. A simple online search will help you uncover if the product is safe. You can start at the CPSC’s website where alerts involving defective products are posted.
If you or a loved one is ever hurt by a defective product, make sure you preserve the product for a complete inspection. File a report with the corresponding government agency and seek out immediate medical attention to document your injuries. If you wish to pursue compensation for your injuries, you can file a claim against the product manufacturer.
To have a successful product liability claim, you will have to prove that the product was defective, that you suffered a loss, and that the defect led to your loss. Proving liability is easier when a product has recently been recalled, but not all defective products are recalled by the CPSC. If you have been injured by a defective product, please contact an experienced San Jose product liability lawyer to obtain more information about pursuing your legal rights.