Mixbin electronics have had glitter iPhone cases in the past that saw dozens of the products recalled off from the market. The contested issue was the glitters caused chemical burns, skin irritation, scarring in situations where the liquid leaked out and came into contact with the skin.
You may have suffered as a consumer of this product. However, having a legal claim connecting you to the company for the said damages may not be practical for you. Maybe let’s say your losses were limited, and the company misconduct just cost you a little on your medication. For example, pursuing legal action doesn't seem a good investment because the time and effort are unnecessary.
However, in dire situations, when other consumers may be in hundreds also suffered the same predicament with the company, a legal claim may be lodged. They can follow the required procedures to form a plaintiff class in one major lawsuit against the company, commonly known as a class action.
If you join hands into the 'class action,' you may benefit when a settlement is agreed upon. However, when you opt-out, it means you are not part of the class, and you will not be linked to any resolution of the class. In some cases, if the petition is dismissed, you can be free to file your claim against the defendant.
It is ideal to contact Consumer Alert Now if you feel your rights as a consumer were breached by the presence of a sub-standard good by a company. Here, we will evaluate the case and ensure you receive the necessary damages.
Overview of Consumer Alert Now - Glitter iPhone Cases (MixBin Electronics)
Given that the cases affected several people who could translate to millions, you may sue the company under a Mass tort or class action lawsuit. The class action could be laid on claims where there was a variety of disputes and problems affecting many people. In this case, the defective cases meant to be used by the consumers proved to be dangerous, resulting in health problems.
A mass tort lawsuit could be initiated from the health-related problems because the company resulted in some harm to the consumers. The injury could be physical or emotional distress, and to some extent, it affected an individual's financial standing. In this case, Mixbin electronics could be referred to as tortfeasors because they are responsible legally for the harm they caused their customers.
In this regard, a claim could be lodged since the injury impacted many individuals. Mass tort cases exhibit forms of negligence, and you can easily claim with the most known claim being a consumer product claim. Like in glitter iPhone cases, many people can sue the company in one accord for compensation since they released the dangerous product into the market that could even lead to death.
If a big group of the victims’ lobby and decide to sue the company for their common good, they may need a lawyer who must seek the court's permission to file the mass tort action if they are into a single lawsuit. However, the court must determine the following things before giving consent:
- Whether the entire large group of plaintiffs was involved in the claim
- Know if the plaintiffs are coming from a particular region or far apart
- If the victims’ suffered injuries are similar
- Whether the said claims originate from a common cause like the product is the leading cause.
It is the court to determine if the proposed case meets the threshold of a mass tort. If it is determined, the case should be assigned to a judge who may order a lawsuit notice published in the newspapers. This should happen to create awareness of other consumers having the same claim to join in hands in the proposed lawsuit.
On this note, it's worth noting that mass tort action significantly differs from a class action. A class action has one trial where the many plaintiffs are not considered individually but as one entity, which is not the case with mass tort action. Here, the individual plaintiff has a claim which results from the distinctive damage, and the victim receives compensation from separate trials.
For this reason, recovery in mass tort is usually higher as compared to the class-action lawsuit. Besides, mass tort proceedings can be hastening because the investigation and preparation process can be transferred to another party for the claim to be settled soon.
The Difference Between Mass Tort and Class Action Glitter iPhone Cases (MixBin Electronics)
To adequately recover your compensation, you must know the difference between mass tort and class action lawsuits. For class action cases, information sent through the email or letter will reach the plaintiff showing them if a settlement has been done and they should claim their share.
Suppose the lawsuit is a mass tort, mostly involving injuries related to the defective drugs. In that case, the attorney negotiates on your behalf and helps you claim the share of the settlement. It happens when litigation is settled. However, if you didn't apply for the lawsuit, and it may have been resolved, you still stand a chance to argue it out with your attorney for a share.
In class action cases, only the plaintiffs known as class members covered by the claim are notified by an email when settlement is done. If some of the class members are unknown and can't be reached, the settlement notice will be posted in magazines, newspapers, and other publications that may be read by the said plaintiffs.
In most cases, after a class action settlement, a website is usually launched to be used by the claimants. Mostly, the class members are required to fill forms on the website to receive their portion of the settlement. However, class members don't need to complete the forms since they can automatically receive their claims.
As for mass tort lawsuits, the claims are lodged individually since it involves defective drugs and medical services. Here, it's not the same case as a class action where you may claim a share even if you weren't part of the litigation. You must file a lawsuit. When a settlement is made, your attorney will argue for the highest possible compensation regarding the specific damages like injuries, lost wages, and significant medical bills.
If the settlement has been made and you had already filed a claim, your attorney needs to avail evidence to the settlement fund's administrator showing the damages you incurred. The lawyer may also present medical reports and other economic reports indicating the present and future lost income value.
Besides, if you had not filed for a mass tort claim and news of a settlement, you may still be eligible for compensation. In some scenarios, the settlement fund may establish compensation to motivate more victims to file their lawsuits. This implies that you can still file your lawsuit for possible compensation, even if the new has been availed.
Requirements for Class Action Lawsuits in Glitter iPhone Cases (MixBin Electronics)
For a group claim to be categorized as a class action, the 'group class' must be certified by a court. As per the prevailing subject matter, the class action is overseen by the state or federal law. However, each state has a different protocol used to certify class claims. Even though there is a slight disparity in state rules, all the rules are drawn from the Federal Rules of Civil Procedure.
For a group claim to be meet the certification requirement as spelled out in section 23(a) of the FRCP law, the group must:
- Have as many claimants as possible for the said plaintiffs not to be joined in one lawsuit.
- There must be a question of law in all the claims. It implies that all the claims must be pointing at wrongdoing or on the same flaw. For example, the glitter iPhone case serves as a perfect example because thousands of people claim against the manufacturer.
- The plaintiffs or the other named party, like a class representative, should have the same claims as other classes, with any of the arguments raised by the defendant being similar in both cases. Like in the glitter case, all the claims should cause burns.
- The plaintiff or class representative should provide appropriate and adequate security to the entire class. By this, it means that the attorneys representing the group should be scrutinized regarding the fee agreement.
When Do You Opt Out in Consumer Alert Now - Glitter iPhone Cases (MixBin Electronics) Lawsuits?
After getting a certification, all group members who supported the case must be given a notification of the commencement of the lawsuit. In most class actions, the notice will contain relevant information and an opt-out choice out of the class.
The opt-out choice is mostly given when what is at stake is entirely or partly defined as monetary damages. However, you are restricted when opting out. If you have to do so, you can't go and pursue another individual class action claim individually. This happens for the following reasons:
- The individual claim you would be making doesn't meet the fairness threshold, or your decision may affect the class, other members, or the defendant’s interests or positions.
- In situations where the class action mainly seeks declaratory or injunctive relief, the move was to force the defendant to comply with a particular action or stop conduct altogether.
A legal gray is presented with the group termed as hybrid class actions where their main motive is to seek both money damages and declaratory or injunctive relief. If you want to opt or not, that decision will be solemn on your state’s rule and the prevailing circumstances around the specific lawsuit.
If you opt-out of the action class, you will not be a member of the group subsequently. This implies that if the case goes up to settlement, you don't stand a chance for any payment portion. Besides, you won't be tied in the group's resolution in cases of dismissal of the lawsuit. In this case, you will be at liberty to file a new claim against the defendant.
How Class Action Cases Works in Consumer Alert Now - Glitter iPhone Cases (MixBin Electronics)
Like any other civil claim, you can file a class action case the same way. First, the plaintiff determines the court jurisdiction to hear the case, which is challenging if the plaintiff and defendant are in unlike states; the plaintiffs must exceed 100 in number, or the amount sought for in damages should be very high.
If all requirements stated are met, the complaint is filed correctly in a court, and the defendant served with the court documents. In the initial stages, filing can be simple. However, as the lawsuit progresses, it becomes more challenging, which calls for a skilled attorney who understands the case dynamics better.
However, before bringing a lawyer on board, you must know the required class action suits basis.
- First, be presented by a lead plaintiff leading the group or plaintiffs class where all the group members suffered the alleged injuries caused by the defendant.
- A judge must certify the class lawsuit before it can continue to hearings. Here the lead plaintiff ought to demonstrate that the claims are valid with all the members having a similar suit, and the defendant caused the harm. Additionally, the lead plaintiff should prove suitability in leading the group alongside the assistance of an attorney.
- The plaintiffs get an automatic notification of the class certification unless you are opt-out.
- Plaintiffs opt out of the class to follow the stipulated procedure; however, they remain, class members until the process is successful.
However, class action claims are mostly settled outside the court. Each plaintiff collects a portion of the compensation. The portion may be in the form of a refund, some benefit, or a service like credit monitoring.
When Were Glitter iPhone Cases (MixBin Electronics) Recalled?
The news struck the airwaves in August 2017, when MixBin electronics decided to voluntarily recall the 263,000 liquid glitter cases for the 6, 6s, and 7 iPhone series. The Consumer Product Safety Commission department in the U.S announced the recalling of some of the liquid glitter cases because they are likely to leak and cause burns and skin irritations.
According to CPSC news, twenty-four individuals had recorded skin irritation or burns from glitter cases. Nineteen of them residing in the U.S. "An individual reported permanent scarring while the other had burns and swelling on the major body parts: face, hand, and legs," Davis said.
Quite a number of the cases retailed between $15 to $65 with the outlets at Amazon, MixBin, and other stores from a period dated 2015 to June 2017. Mixbin electronics company urged customers who had purchased the casing to get them out of their homes and contact the company for a full refund.
Problems Associated with Glitter iPhone Cases (MixBin Electronics)
Even though the statistics worldwide point at the cases being harmful to human skin, MixBin electronics argue that the liquid used was safe without disclosing the name. They commonly described it as 'safe food grade snow globe liquid.' Reports from the CSPC shows many people suffered from extensive swelling and skin irritation.
When people touched the liquid, they had chemical burns and irritations. One victim claimed, "I got a permanent scarring after the liquid spill on my hand while another one reported having swelling on the face, neck, chest, leg and the entire upper body." This is according to the Consumer Product Safety Commission. The body further reiterated that two dozen of the glitter iPhone cases had the victims experiencing burns when the cases broke, releasing the liquid onto their skin.
So, what is a chemical burn?
The burns are also referred to as caustic burns that happen when the skin cells are destroyed through a toxic acid or chemical contact. They usually occur if you touch a chemical or breathe the fumes.
Most of the time, chemical burns are catastrophic prone to cause severe harm. This depends on the type of chemical and the level to which you are exposed. For instance, some of the available chemicals can burn through the skin layers in microseconds. Remember, while penetrating, all the layers are damaged, resulting in infections, permanent scars, and disfigurement in extreme situations. You may require to undergo surgery or skin graft to reconstruct the skin layers or control the infections.
The symptoms of the burn are:
- Irritations of the skin
- Skin redness
- Numbness in affected areas
- Dead skin
Chemical Burn Treatment
Of all the chemical burns, infections are the riskiest, so the treatment is done using a topical antibiotic to kill the bacteria. Mostly the antibiotic is usually ointment or a skin cream applied to the affected areas. However, for a second- degree to third-degree burns, surgery may be the only solution to transplant skin on top of the burn. The skin grafting process may be painful but very helpful if you want to heal completely.
If you see a person with a chemical burn, or if you get burnt, it is proper to protect yourself by following these steps:
- Rinse the affected area in slow running water for about 10 minutes. However, do not run the burn if it has been caused by dry lime, elemental metals, or phenols because the burn will worsen.
- If the chemical burn affects a small area, wrap it loosely using sterile gauze or clean cloth.
- Remove all the jewelry unless it is in the burn area.
- Check the chemical bottle for exposure instructions and other relevant information on managing the burn.
- Do not use any ointment.
- Do not neutralize the burn.
- If the burn is caused by dry lime, brush it off before you rinse the burn. After carefully removing the body's elemental metals, cover the area using mineral oil if you have any non-water solution.
- After following the above procedures, you can seek professional medical care as soon as possible.
Unfortunately, in recent times many people have got burns from defective products. From the swellings, skin irritations, numbness of the burnt areas, you may use a lot of money on medication to restore your skin. You need to consult an experienced attorney at Consumer Alert Now to guide you on the necessary steps to hold the liable company for possible damages.
Liability in Glitter iPhone Cases (MixBin Electronics)
When you get a burn, skin irritation, or permanent scarring while interacting with the glitter casing, the manufacturer is liable for the mishap. They have the responsibility of making the products safe for consumers' consumption.
If the product was harmful in any case, resulting in injuries when used as per the issued guidelines, the injured consumer might file a petition known as product liability seeking compensation. This is to cover damages in medical expenses, permanent injuries, wages lost, pain and anguish, and the emotional distress you underwent.
If you're not filing a case on your own, you can join the affected persons to file a class-action lawsuit against the defendant(manufacturer) for the damages caused to the group. Here, you will need an experienced lawyer to analyze the aspects surrounding the case and give the best direction for the case.
Find a Consumer Alert Now Near Me
The permanent scarring may remind you of the painful chemical burn you got from the glitter iPhone cases. Going for surgery may be ideal if you want to move away from experience. Besides, you would have also undergone some other skin complications which affected your financial standing.
Don't despair; if you have been injured, contact our attorneys immediately for aid. First, we will begin with the case evaluation to see the necessary steps to follow. In as much as you may not have settled to file a lawsuit on your own or go for the class action, we will help you evaluate the best suit to go for depending on the nature of the case.
At Consumer Alert Now, our high profile lawyers will help you file the petition after evaluating the rightful claim. Don't hesitate to reach us anytime; we strive to serve you regardless of the state you are coming from in the U.S.
You can contact us today at 800-511-0747 at any hour to report your case. We will eagerly receive you and help you get the best jury service.