COVID Mask Defect?
Are Fake and Defective COVID-19 Masks Potential Legal Gray Area?
With custom and concealed, counterfeit mask orders from Communist China flying across the country, perhaps it is becoming more likely that mask companies bear some responsibility for the increasing COVID transmission rates. Does that mean that all masks don't work? No. Not at all. But some masks do not meet either the specifications needed to prevent the disease or live up to their own standards. Just like we have seen with lousy hand cleaners, marketers will sell anything, even if it's not fit for its particular use.
These two issues are key in determining the legal responsibility for these companies.
This is even more of a case depending on the means in which the masks were manufactured and advertised. In California, under Business and Professions Code Section 17200, et. seq., this would be covered as a false and deceptive business practice subjecting the sellers to a private attorney general's action of a direct civil suit. If they were presented as being able to stop the Coronavirus, the manufacturer or distributor may hold some legal responsibility. Furthermore, there have been cases where masks were sold that did not meet their own claims.
Some companies, importing masks from China, claimed to be the higher quality N95 masks, but did not live up to those specifications. This topic is a large one for personal injury attorneys. Lawyers who defend those injured through no fault of their own may be the trailblazers in these cases.
Understanding the Promises Made.
Some mask manufacturers live up to exacting standards. This is often found with N95 masks distributed to hospitals. However, others package whatever they can as medical masks and send them on their way. For consumers desperate to find a mask that works, this often is a key issue. While any cloth covering reduces the chance of transmission of the disease. In one case, Texas clamped down on the use of faulty masks.
The Chinese masks, imported into the US had serious issues. They were marked "MEDICAL USE PROHIBITED." The distributor of the masks allegedly removed the warnings to sell them to the Texas Division of Emergency Management. And these cases aren't alone. If you are a medical professional who received a faulty mask, you have legal rights. Furthermore, our team is specialized in medical malpractice and negligence cases.
Call or email us 24/7 for more info. I can be reached at email@example.com. Our team offers a free consultation. In addition, we do not charge anything unless we win the case for you. Lastly, let us be your shield in this trying time.
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