DeWALT Kerosene Heater Lawsuit | Latest Updates

What’s the Problem?

DeWALT kerosene heater legal claims involve claims against the manufacturer for defective cordless kerosene forced-air heaters that pose fire and carbon monoxide poisoning hazards. The primary allegations center on design and manufacturing defects that cause heaters to start unexpectedly when moved while in standby mode. According to the U.S. Consumer Product Safety Commission (CPSC), Enerco has received one report of a heater starting unexpectedly when moved without being turned off.

“Enerco has received one report of a heater starting unexpectedly when it was moved while in standby without being turned off,” CPSC said. “No injuries have been reported.”

The DeWALT kerosene heater lawsuit addresses these serious safety concerns and seeks compensation for those who have suffered harm or property damage.

Latest DeWALT Kerosene Heater Recall Updates

• February 3, 2021 – The U.S. Consumer Product Safety Commission (CPSC) announced a recall of DeWALT cordless kerosene forced-air heaters due to fire and carbon monoxide poisoning hazards. The recall affects specific model numbers DXH90CFAK and DXH90CFAKM sold at Lowe’s stores and farm and supply stores nationwide from June 2020 through November 2020 [1].

CPSC Reports and Statistics

According to CPSC data, Enerco has received one report of a heater starting unexpectedly when moved while in standby mode without being turned off. The recalled heaters were sold for approximately $350 each at major retail locations nationwide. No injuries have been officially reported in connection with this specific recall, though the potential for fire and carbon monoxide poisoning remains a serious concern.

DeWALT Kerosene Heater Injuries & Hazards

Defective DeWALT kerosene heaters can cause serious injuries and health complications due to their fire and carbon monoxide poisoning hazards.

• Fire-Related Injuries: Burns, smoke inhalation, and property damage from unexpected ignition
• Carbon Monoxide Poisoning: Headaches, dizziness, nausea, confusion, and potentially fatal CO exposure
• Respiratory Issues: Breathing difficulties and lung damage from smoke or toxic fume exposure
• Property Damage: Fire damage to homes, personal belongings, and surrounding structures

Do You Qualify for a DeWALT Kerosene Heater Lawsuit?

You may qualify for a DeWALT kerosene heater lawsuit if:

• You used or owned a DeWALT cordless kerosene heater model DXH90CFAK or DXH90CFAKM
• You purchased the heater between June 2020 and November 2020
• You experienced personal injury or property damage due to the heater’s defects
• The heater started unexpectedly when moved while in standby mode
• You can provide documentation linking your injuries or damages to the defective heater

Evidence Required for a DeWALT Kerosene Heater Lawsuit

To build a strong case, you will need to gather the following evidence:

• Product Documentation: Purchase receipts, model and serial numbers, and product registration information
• Medical Records: Documentation of injuries, treatment records, and medical bills related to heater-caused harm
• Property Damage Evidence: Photos, repair estimates, insurance claims, and fire department reports if applicable
• Witness Statements: Testimony from individuals who witnessed the incident or can verify the heater’s malfunction

Damages You Can Recover

Victims of defective DeWALT kerosene heaters may be entitled to compensation for:

• Medical Expenses: Current and future medical costs related to treating injuries
• Lost Wages: Income lost due to injury-related inability to work
• Property Damage: Costs to repair or replace damaged property
• Pain and Suffering: Compensation for physical pain and emotional distress
• Punitive Damages: Additional damages intended to punish the manufacturer for negligent conduct

DeWALT Kerosene Heater Recall Information

Recall Date: February 3, 2021
Recall Number: 21-074
Units Affected: About 4,500
Models Recalled:

• DXH90CFAK (serial numbers 340902-20001001 through 340902-20004000)
• DXH90CFAKM (serial numbers 340901-20001001 through 340901-20001500)

Manufacturing Location: China
Importer: Enerco Group, Inc., Cleveland, Ohio

Product Description: The recalled heaters have a black tank/base, a yellow body, and a gray combustion barrel with “DeWALT” and “90,000 BTU” printed in yellow on the combustion barrel. The model number and serial number are located on the side panel opposite the controls.

Hazard: The heaters can re-start unexpectedly while in standby mode if the room temperature falls below the thermostat set point, posing fire and carbon monoxide poisoning hazards.

Remedy: Consumers should immediately stop using the recalled heaters and contact Enerco for a free replacement corded heater.

Where Sold: Lowe’s stores and farm and supply stores nationwide from June 2020 through November 2020 for about $350.

Kerosene Heater Safety Tips

As winter approaches and temperatures drop, you may consider using space heaters for affordable heating. Kerosene heaters require special safety precautions to prevent fires and carbon monoxide poisoning:

• Never use kerosene heaters as a permanent heat source – These devices are only meant for short-term or emergency heating solutions.
• Install smoke and CO detectors – Place carbon monoxide detectors throughout your house, especially near bedrooms and rooms closest to the heater.
• Keep heaters 3 feet away from flammables – Maintain safe distance from flammable objects and ensure the heater sits on a level surface away from children and pets.

Statute of Limitations for DeWALT Kerosene Heater Lawsuits

The statute of limitations for product liability lawsuits varies by state, typically ranging from one to six years from the date of injury or discovery of the defect. In most states, the statute of limitations is two to three years from the date of injury or when the injury was discovered. It is crucial to act quickly, as waiting too long may result in losing your right to pursue compensation. Consult with an experienced attorney immediately to ensure your claim is filed within the appropriate timeframe for your state.

FAQs

1. Who Can File a Lawsuit Against DeWALT for Issues Related to Their Kerosene Heaters?

Individuals who have experienced harm or property damage due to defects in DeWalt kerosene heaters can file a lawsuit against the company.

2. What Compensation Can Plaintiffs Seek in a DeWALT Kerosene Heater Lawsuit?

Plaintiffs can seek compensation for medical expenses, property damage, lost wages, and pain and suffering resulting from defects in DeWalt kerosene heaters.

3. How Can a Defect in a DeWALT Kerosene Heater Be Identified?

Defects in DeWalt kerosene heaters can be identified through malfunctioning components, inconsistent performance, safety hazards, and expert inspections revealing manufacturing or design flaws.

4. What Should I Do If I Own a Recalled DeWALT Kerosene Heater?

Stop using the heater immediately and contact Enerco for a free replacement corded heater. Do not attempt to repair the unit yourself.

5. How Long Do I Have to File a DeWALT Kerosene Heater Lawsuit?

The statute of limitations varies by state, typically ranging from one to six years. Contact an attorney immediately to ensure your claim is filed within the appropriate timeframe.

6. What Evidence Do I Need for My DeWALT Kerosene Heater Case?

You’ll need purchase receipts, medical records, property damage evidence, witness statements, and documentation linking your injuries to the defective heater.

7. Can I Still File a Lawsuit If I Wasn’t Physically Injured?

Yes, you may still have a claim for property damage, even if you weren’t physically injured by the defective heater.

8. How Much Does It Cost to Hire a Lawyer for a DeWALT Kerosene Heater Case?

Most product liability attorneys work on a contingency fee basis, meaning you pay no upfront costs and only pay if you win your case.

Get a Free DeWALT Kerosene Heater Recall Lawsuit Evaluation With Our Lawyers

The Products Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in DeWALT Kerosene Heater Lawsuits. We are handling individual litigation nationwide and currently accepting new personal injury and property damage cases in all 50 states.

Our experienced legal team offers:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees – you only pay if we win
• Nationwide representation for DeWALT kerosene heater cases
• Experienced trial lawyers focused on product liability litigation

References:

1. https://www.cpsc.gov/Recalls/2021/Enerco-Group-Recalls-DeWALT-Cordless-Kerosene-Heaters-Due-to-Fire-and-Carbon-Monoxide-Poisoning-Hazards