The Recall
On December 12, 2024, The Consumer Product Safety Commission did a major recall on Stanley Cup due to a burn hazard. This is a fine example of product defect liability. CPSM stated, “These meg’s lid threads can shrink when exposed to heat and torque, causing the lid to detach during use, posing a burn hazard.” The total number of units in the recall is 2.6 million, which can be replaceable for a new one. “This recall involves all Stanley Switchback and Trigger Action stainless steel travel mugs sold in the United States.” For those who are not familiar with the Stanley Cup, this bottle is very popular. Outdoor enthusiasts and daily commuters alike would use Stanley Cup quite often. However, this unexpected situation of the product recall raises important questions about safety and consumer rights. The following section will dive further into product defect liability.
Product Defect Liability?
This refers to the legal responsibility of manufacturers, distributors, and sellers. So holding any of the three accountable that the products they bring to the market are safe for consumers and the public. In the case of the Stanley Cup, the company’s failure to ensure that their products were defective may lead to legal action if necessary. In most of the legal systems, defect product liability fall into three primary categories such as:
- A defect in Design: This happens when the product is inherently dangerous due to its design. Even if the manufacturer has made the design recently, it may present an unreasonable risk to its consumers. For example, if a brand new Tumblr were to overheat and burn the consumer due to how it was originally made, then it would fall under design defect.
- Defect on Manufacturing: This occurs during the production or assembly process. For instance, for Stanley, the issue could be related to a flaw through their operating system. This could lead to potential injuries or dangerous consequences.
- Failure to Warn: Cases where a product may be safe in design and manufacture, but it is not properly labeled, and the risks associated with its use are not made clear to the public.
California Code
The CA Code states that:
“(1) The product is inherently unsafe, and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community.
(2) The product is a common consumer product intended for personal consumption, such as sugar, castor oil, alcohol, and butter, as identified in comment i to Section 402A of the Restatement (Second) of Torts.
(b) This section does not exempt the manufacture or sale of tobacco products by tobacco manufacturers and their successors in interest from product liability actions, but does exempt the sale or distribution of tobacco products by any other person, including, but not limited to, retailers or distributors.
(c) For purposes of this section, the term “product liability action” means any action for injury or death caused by a product, except that the term does not include an action based on a manufacturing defect or breach of an express warranty.”
What Should I Do?
If you purchased a recalled Stanley Cups or any other potentially defective product, here are some options to consider:
- Verify the Information: Review the details of the recall and see if your purchased product is relevant.
- Stop the Product: If your purchased product is recalled due to it being a defect, stop using the product. Immediately ceasing the usage is to prevent any potential injuries and or harm onto yourself.
- Return or Exchange: Research and assess how to return or exchange the defective product. You may possibly get a financial refund.
- Seek Legal Consultation: Reaching out to an attorney regarding this matter is one of the best solutions for legal options.
Why Does This Matter?
With the recent news of the Stanley Cup recall, our goal here at KAASS LAW is to provide awareness about the product you or your loved ones are purchasing. Being a conscious consumer is very important. If these products can potentially have a harmful impact on yourself and or the community, you should know about it. The Stanley Cup recall serves as a reminder of the importance of product defect liability laws. When manufacturers fail to meet safety standards, the legal system is there to hold them accountable. This ensures that consumers have recourse if this affects them in any way. For any further assistance and or seeking legal representation, please contact us right away!