Ashley failed to warn of the dangers of exposure to fiberglass, so it can be held liable for negligence
While the label of these mattresses mentions fiberglass, they do not warn consumers of the risk of exposure if they remove the cover, which is tremendous, considering that most products have a zipper. There are plenty of reasons why Ashley might be held accountable for their negligence, such as:
- design defect
- fraudulent concealment
- gross negligence
- failure to warn
- unjust enrichment
- breach of implied warranty
In February of 2020, a family from Round Rock, Texas, experienced the horrors of fiberglass exposure and contamination stemming from their problematic mattress. Before going on a trip, they decided to clean up their house, including the mattress. Michelle Cantrell took off the cover of the mattress, and she handled the mattress "not knowing that we were depositing thousands and thousands of shards of fiberglass all over the room and into the air."
While they were on vacation, the woman said that she began feeling itchy after putting on a shirt that had been washed together with the mattress cover. After inspecting the shirt, she noticed shards of glass on it. Even though the company offered to replace the mattress at no cost, the incident had already cost the family thousands of dollars, as the cost of professional cleanup of fiberglass ranges between $2,000 and $10,000.
The Ashley mattress types and models that contain fiberglass
Signature Design by Ashley, a furniture brand dating back to 1945, currently offers the following types of mattresses:
- memory foam
It is important to note that only their memory foam and hybrid mattresses contain fiberglass. Therefore, if you have one, you should never take off the cover, and you should also regularly inspect it for fiberglass leaks by using a flashlight with the lights off. This way, the shards of glass will shine and sparkle in the light. If it begins leaking fiberglass, place it somewhere outside if you intend to file a claim to keep it as evidence. Some of the most popular Ashley memory foam mattresses are:
- Gruve 12'' Memory Foam Mattress in a Box
- Scott Living by Restonic Presley 12" Ultra Plush Mattress
- Sealy Atwater Village Posturepedic Foam Firm Mattress
- Sealy Canterbury Court Posturepedic Foam Soft Mattress
Eligibility requirements for filing a fiberglass mattress claim
Everyone who intends to file a claim with Ashley must meet a series of eligibility criteria. While each case is unique, people who want to seek financial compensation from this mattress manufacturer usually have to meet the following eligibility requirements:
- they must own a mattress by Ashley that has fiberglass as a fire retardant
- the fiberglass in the mattress must have escaped and either injured the person or caused home contamination
If you meet all these eligibility criteria, you should give our legal team a call, as you deserve financial compensation for your injuries or losses. We have the necessary resources, skills, and knowledge to obtain the maximum sum of money you are entitled to from Ashley in a personal injury or product liability case.
The health problems fiberglass exposure from a mattress by Ashley can result in
If you are unaware of the defective nature of Ashley mattresses and remove the outer cover for washing or any other reason, it is likely that you will experience at least one injury or health problem caused by the fiberglass present in the inner layer of the product. Fiberglass is a common flame retardant in cheap memory foam mattresses and Ashley is just one of the manufacturers that use it. The following are only some of the injuries and health issues you can come to struggle with if you take off the cover of a mattress by Ashley:
In the regrettable event that you made this mistake, we encourage you to take legal action against the manufacturer, as it failed to warn of the danger of fiberglass exposure and contamination. Our attorneys, who have over two decades of professional experience, will eagerly lend you a helping hand and assist you throughout the entire legal process. They will file a claim with Ashley and you will receive the financial compensation you are entitled to for your injuries and/or home fiberglass contamination.
The cost of fiberglass cleanup can be very high
Having a team of licensed professionals clean up fiberglass from your home can be quite pricy, with the cost reaching $10,000 or even more, depending on how severe the contamination is and how large your home is. If you experienced fiberglass contamination, you should never attempt to remove it by yourself with, for instance, a vacuum cleaner, as you will end up causing more damage. You will only spread the microscopic shards of glass to uncontaminated areas of your home.
Unfortunately, most people who have to deal with fiberglass contamination will have to throw away some of their belongings. Often, these possessions refer to clothes, blankets, pillows, toys, carpets, armchairs, and couches if they are covered in fabric. This is one more reason to contact our law firm and file a claim with Ashley, as the compensation you can receive from the company can cover the cost of fiberglass removal and purchasing new belongings at least partially.
The lawsuit filed against Ashley by a Texas family
In January of this year, a family from Van Horn, Texas, sued Ashley Furniture Home Store for fraud, accusing the company of not delivering the furniture they bought. Furthermore, the lawsuit claims that when the furniture was finally picked up from a warehouse, there was considerable damage to it, and it had missing parts. However, Ashley denied the claims, stating that the family's accusations were not valid.
The lawsuit states that the family waited for the furniture to be delivered for several weeks. When they contacted the manufacturer to inquire about their order, they allegedly "were continually put on hold or hung up on." Moreover, the family allegedly lived in a house without furniture while waiting for their delivery until May 2021. Then, the company made some of the objects available for pickup from a warehouse in Midland, a 370-mile round-trip from where they lived.
The family claims that Ashley "made a representation" to them, knowing it was false and hoping the family would act on it and purchase its furniture. On the flip side, Ashley claimed plenty of legal doctrines prevent the family's claim from being valid in court. More specifically, it claimed that it does not owe damages to the family because what they said happened was one done "knowingly." Lastly, the company said the lawsuit was brought in bad faith to harass the manufacturer or for another "improper purpose."