If you or a loved one experienced injuries, property damage, or other complications following the use of a defective Kidde fire extinguisher, you may be entitled to pursue compensation. At
Schmidt & Clark, we are dedicated to helping individuals who have suffered due to faulty fire safety equipment. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
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Table Of Contents
- Kidde Fire Extinguisher Lawsuit Overview
- Latest Kidde Fire Extinguisher Lawsuit Updates
- FDA Reports and Statistics
- Kidde Fire Extinguisher Injuries & Side Effects
- Do You Qualify for a Kidde Fire Extinguisher Lawsuit?
- Kidde Recall Information
- Which Fire Extinguishers are Affected by the Recall?
- Statute of Limitations for Kidde Fire Extinguisher Lawsuits
- Frequently Asked Questions
- 1. What Are the Common Defects Cited in Kidde Fire Extinguisher Lawsuits?
- 2. What should Kidde fire extinguisher owners do if they believe their extinguisher has a defect that has not been recalled?
- 3. What are the potential consequences for Kidde if they are found liable in a fire extinguisher defect lawsuit?
- 4. Can consumers receive compensation for defective Kidde fire extinguishers without filing a lawsuit?
- 5. How long does it typically take to settle a Kidde fire extinguisher lawsuit?
- 6. What compensation amounts have been awarded in previous Kidde fire extinguisher lawsuits?
- 7. Are there any class action lawsuits pending against Kidde for defective fire extinguishers?
- 8. What evidence is most crucial in proving a Kidde fire extinguisher lawsuit?
- Get A Free Kidde Fire Extinguisher Lawsuit Evaluation With Our Lawyers
- References:
Kidde Fire Extinguisher Lawsuit Overview
The Kidde fire extinguisher lawsuits focus on serious defects in millions of extinguishers manufactured between 1973 and 2017.
These legal actions address critical failures including nozzles detaching and units failing to discharge during emergencies.
At least 391 reports of malfunctions have been documented, resulting in 1 death, 16 injuries, and 91 property damage claims.
Latest Kidde Fire Extinguisher Lawsuit Updates
- January 2021 – A federal judge ordered Kidde to pay a $12 million civil penalty due to allegations that the company failed to promptly notify the Consumer Product Safety Commission (CPSC) about defective fire extinguishers. The penalty was part of a consent decree approved by U.S. District Judge Loretta C. Biggs in the Middle District of North Carolina.
- May 6, 2021 – Kidde recalled 226,000 Kidde TruSense Smoke Alarms and Combination Smoke/Carbon Monoxide Alarms which may fail to alert consumers in the event of a fire. The recalled alarms were sold online and at Walmart, Home Depot, Menards and other department, home and hardware stores nationwide from May 2019 through September 2020.
- March 23, 2018 – About 452,000 smoke detectors that could fail when needed most were recalled by Kidde, following the earlier recall of 37 million fire extinguishers [1]. The issue was suspected to be a yellow cap accidentally left on during manufacturing which could cover one of the smoke sensors.
FDA Reports and Statistics
According to Consumer Product Safety Commission (CPSC) data:
- Approximately 38 million Kidde fire extinguishers have been recalled due to potential defects
- At least 391 reports of malfunctions have been documented
- These incidents resulted in 1 death, 16 injuries, and 91 property damage claims
- The recall involves 134 models manufactured over a 44-year period (1973-2017)
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Kidde Fire Extinguisher Injuries & Side Effects
Defective Kidde fire extinguishers have been linked to a range of serious consequences when they fail during emergencies:
- Burn Injuries: Severe burns resulting from fires that couldn’t be extinguished due to product failure
- Smoke Inhalation: Respiratory damage from prolonged exposure to smoke when extinguishers malfunction
- Property Destruction: Extensive damage to homes, vehicles, and businesses
- Death: At least one fatality has been directly attributed to a malfunctioning Kidde fire extinguisher
Do You Qualify for a Kidde Fire Extinguisher Lawsuit?
You may qualify for a Kidde fire extinguisher lawsuit if:
- You owned or used a Kidde fire extinguisher manufactured between January 1, 1973, and August 15, 2017
- Your fire extinguisher malfunctioned during an emergency situation
- You experienced injuries, property damage, or other losses as a result
- You can provide documentation linking your injuries or damages to the defective product
Evidence Required for a Kidde Fire Extinguisher Lawsuit
To strengthen your case, you should gather:
- Proof of ownership or purchase of the recalled fire extinguisher
- Medical records documenting injuries related to the extinguisher failure
- Photographs of the defective extinguisher and any resulting damage
- Documentation of property damage or loss resulting from the failure
Damages You Can Recover
Victims of defective fire extinguishers have successfully received settlements covering:
- Medical Expenses – Covers hospital bills, surgeries, medications, and rehabilitation for burn injuries or other harm caused by malfunctioning fire extinguishers.
- Pain and Suffering – Compensation for physical pain, emotional distress, and long-term trauma.
- Property Damage – Reimbursement for damage caused by a defective fire extinguisher failing to function in an emergency.
- Lost Wages and Earning Capacity – Covers income lost due to recovery time or permanent disability.
Kidde Recall Information
“The recall involves 134 models of defective Kidde fire extinguishers manufactured between January 1, 1973 and August 15, 2017, including models that were previously recalled in March 2009 and February 2015”. “The extinguishers were sold in red, white and silver, and are either ABC- or BC-rated.”– CPSC, Recall Notice
Which Fire Extinguishers are Affected by the Recall?
The recall affects three categories of fire extinguishers:
- Plastic-Handle Models (Manufactured between 1973 and 2015)
- Plastic-Handle Models with specific date codes (2012-2017)
- Push-Button Pindicator Models (Manufactured between 1995 and 2017)
Below is a structured list of the affected models:
Plastic-Handle Models (1973 – 2015)
These extinguishers were produced between January 1, 1973, and October 25, 2015.
Brand | Model Number(s) |
---|---|
Ademco | 720 1A10BC, 722 2A40BC |
All Purpose | 2A40BC |
Bicentenial | RPS-2 10BC, TPS-2 1A-10BC |
Carrier Global | ADT 3A40BC |
Costco | 340J.L. 2A40BC |
Excessive Force | 9 2A40BC |
FC | 210R-C8S |
Fire Away | 10BC Spanish, 1A10BC Spanish, 2A40BC Spanish |
Fireaway | 10 (F-10), 10BC, 110 (F-110), 1A10BC, 240 (F-240), 2A40BC |
FS | 340Z |
Fuller | 420 1A10BC, Fuller Brush 420 1A10BC |
Gillette | 1A10BC, TPS-1 1A10BC |
Home | 10BC, 1A10BC, 2A40BC, H-10 10BC, H-110 1A10BC, H-240 2A40BC |
Honeywell | 1A10BC, TPS-1 1A10BC |
J.L. | TPS-1 2A40BC |
Kadet | 2RPS-1 5BC |
Kidde | 10BC, 2A40BC, 40BC, RPS-1 10BC, RPS-1 40BC, TPS-1 1A10BC, TPS-1 2A40BC |
KX | 2-1/2 TCZ |
Mariner | 10BC, 1A10BC, 2A40BC, M-10 10BC, M-110 1A10BC, M-240 2A40BC |
Master Protection | 2A40BC |
Montgomery Ward | 10BC, 1A10BC, 8627 1A10BC, 8637 10BC |
Quell | 10BC, 1A10BC, RPS-1 10BC, TPS-1 1A10BC, ZRPS 5BC |
Sams | SM 340 |
Sanford | 1A10BC, 2A40BC, TPS-1 1A10BC, TPS-1 2A40BC |
Sears | 2RPS 5BC, 58033 10BC, 58043 1A10BC, 5805 2A40BC, 958034FA 340HD, 958044FA 240HD, 958054FC 340Z, 958075FC, RPS-1 10BC, TPS-1 1A10BC, TPS-1 2A40BC |
SuperKidde | 1A10BC |
Traveler | 10BC, 1A10BC, 2A40BC, T-10 10BC, T-110 1A10BC, T-240 2A40BC |
Volunteer | 1A10BC, TPS-V 1A10BC |
XL | 2.5 TCZ, 2.5 TCZ-3, 2.5 TCZ-4, 2.75 RZFX210, 2.75 RZ-3FX210R, 2-3/4 RZ, 340HDFX340GW, 4 TXZFX340GW-2, 5 PKFX340H, 5 TCZFX340SC, 5 TCZ-1FX340SC-2, 5 MR, 6 RZ |
Plastic-Handle Models with Date Codes (2012 – 2017)
Fire extinguishers produced between January 2, 2012, and August 15, 2017, with date codes 00212 to 22717, are also part of the recall.
Model | Model Number |
---|---|
AUTO | FX5 II-1 |
FA | 10G, 10T, 110 |
FC | 5 |
FS | 10, 110 |
M | 10G, 10GM, 110G |
These models, produced between August 11, 1995, and September 22, 2017, were primarily sold for home kitchens, boats, and personal watercraft.
Model | Model Number |
---|---|
AUTO | 5FX, 5FX-1 |
KK | 2 |
M | 5PM, 5P |
D | 100D, 210D |
FF | 210D-1 |
Statute of Limitations for Kidde Fire Extinguisher Lawsuits
Time limits for filing a Kidde fire extinguisher lawsuit vary by state, typically ranging from 1-6 years from the date of injury or property damage.
Some states may apply the “discovery rule,” which starts the clock when you discovered (or reasonably should have discovered) that your injury was caused by a defective fire extinguisher.
Consult with an attorney promptly to ensure you don’t miss critical deadlines that could prevent you from seeking compensation.
Frequently Asked Questions
1. What Are the Common Defects Cited in Kidde Fire Extinguisher Lawsuits?
Common defects include nozzles detaching during use, extinguishers failing to discharge properly during emergency situations, and handles breaking under normal pressure. These manufacturing defects have rendered fire extinguishers ineffective when needed most, leading to injuries and property damage that form the basis of lawsuits.
2. What should Kidde fire extinguisher owners do if they believe their extinguisher has a defect that has not been recalled?
If Kidde fire extinguisher owners believe their extinguisher has a defect that has not been recalled, they should report the issue to Kidde and the Consumer Product Safety Commission (CPSC). It is also advisable to stop relying on the extinguisher for safety, obtain a reliable replacement, and document any findings, as this information may be useful if a recall is issued or if legal action is necessary.
3. What are the potential consequences for Kidde if they are found liable in a fire extinguisher defect lawsuit?
If Kidde is found liable in a fire extinguisher defect lawsuit, the company may be required to pay significant compensation to affected consumers, including for medical expenses, property damage, and punitive damages. Additionally, they may face increased regulatory scrutiny, damage to their reputation, and pressure to improve product safety and quality control measures.
4. Can consumers receive compensation for defective Kidde fire extinguishers without filing a lawsuit?
Yes, consumers may be able to receive compensation or a replacement for defective Kidde fire extinguishers without filing a lawsuit by participating in the recall process. Kidde typically offers free replacements or refunds for recalled products. However, if a consumer has experienced significant damages or injuries due to the defect, they may still need to pursue legal action for additional compensation.
5. How long does it typically take to settle a Kidde fire extinguisher lawsuit?
The timeline for settling a Kidde fire extinguisher lawsuit typically ranges from 6-18 months, depending on case complexity, severity of injuries, and whether the case goes to trial. Individual claims may resolve faster, while cases involving multiple plaintiffs or those seeking substantial damages might take longer to reach resolution.
6. What compensation amounts have been awarded in previous Kidde fire extinguisher lawsuits?
Settlement amounts in Kidde fire extinguisher lawsuits vary widely based on injury severity, property damage extent, and individual circumstances. While specific figures are often confidential, compensation typically covers medical expenses, property repairs, lost wages, and pain and suffering. The $12 million civil penalty Kidde paid to the government demonstrates the significant financial implications of these defects.
7. Are there any class action lawsuits pending against Kidde for defective fire extinguishers?
There have been several class action lawsuits filed against Kidde regarding defective fire extinguishers. These suits typically seek compensation for consumers who purchased recalled units, even if they haven’t experienced failure or injury. Individual lawsuits are generally pursued separately when significant injuries or property damage have occurred.
8. What evidence is most crucial in proving a Kidde fire extinguisher lawsuit?
The most crucial evidence in a Kidde fire extinguisher lawsuit includes the defective unit itself (with serial/model numbers matching recalled products), medical records documenting injuries sustained, photographic evidence of property damage, documentation of the fire incident, and proof of proper use according to manufacturer instructions. Expert testimony on product defects and failure analysis often strengthens these cases significantly.
Get A Free Kidde Fire Extinguisher Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action against Kidde for defective fire extinguishers. Most states have a statute of limitations of only 2-3 years from the date of injury or property damage. Don’t wait until it’s too late to seek the compensation you deserve.
Our legal team offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or attorney fees
- Payment only if we win your case
References:
- https://www.cpsc.gov/Recalls/2018/Kidde-Recalls-Dual-Sensor-Smoke-Alarms-Due-to-Risk-of-Failure-to-Alert-Consumers-to-a-Fire