Zinus Inc. failed to warn consumers of the dangers of the glass fibers in their mattresses
Like many other companies that manufacture mattresses, Zinus Inc. weaves glass fibers into the inner cover of their mattresses to improve the ability of the product to stand up to a fire.
The fiberglass in Zinus mattresses is sometimes referred to as "silicon fiber" and you can also find the inner layer of the product under the name "silica sock."
Approximately 80% of companies that manufacture fiberglass mattresses also use modacrylic in their products, which is a synthetic textile fiber made of carcinogenic materials. Consequently, the risk of developing a serious disease as a result of exposure to the fiberglass in Zinus mattresses increases, since it is mixed with modacrylic.
Only recently, Zinus, Inc. warned consumers of the risk of removing the outer cover of the mattress. However, because the cover has a zipper and because the tag of the mattress did not include a warning of the dangers of exposure to the glass fibers in the inner cover, people think it is safe to remove the outer cover for cleaning. Another way to get exposed to shards of glass from the Zinus mattress is if the cover rips open.
Why are Zinus mattresses defective?
While fiberglass is not carcinogenic, it is extremely irritating to the eyes, skin, and lungs. Mattresses manufactured by Zinus contain fiberglass as a fire retardant in their inner layer. The defectiveness of the mattress lies in the presence of a zipper on the outer cover of it, which indicates to the consumer that there is nothing wrong with removing it for laundering. The labels of their mattresses state that they contain 62% fiberglass but fail to warn people against removing the outer cover so as not to expose the inner layer of fiberglass.
Zinus is one of the cheapest brands globally, as a mattress for a queen size bed can cost as low as $200. Nonetheless, since they contain fiberglass that can easily escape the inner layer, the mattresses that Zinus manufactures have received hundreds of one-star reviews from customers who had been injured by this material or whose houses had been contaminated with it. Some owners claim that they could see the fiberglass crystals on the surface of the mattress before even unpacking it completely.
Zinus mattress models and claim application
If you have a Zinus mattress (purchased on Amazon, at Walmart, Zinus, or other places) and have had rashes, cuts, asthma, lung problems, stomach issues, or eye injuries, please call us and we will check on your model and number as well.
- Zinus Green Tea Memory Foam Mattress
- ZinusCooling Green Tea Gel Memory Foam Mattress
- Zinus Cooling Gel Memory Foam Mattress
- Zinus Spring iCoil Mattress
- Zinus Spa Sensations Theratouch Memory Foam Mattress
- Zinus Ultima Comfort Memory Foam Mattress
- Zinus Sleep Master Ultima Comfort Mattress
- ZinusPressure Relief Cloud Memory Foam Mattress
- Zinus Slumber 1 Quilted Pocket Spring Mattress
Health problems fiberglass in the Zinus mattress lead to
There are numerous health problems exposure to glass fibers can cause, as the particles are sharp and can lead to serious injuries in people who contact them. If you came to struggle with one of the following health problems caused by exposure to the glass fibers in the Zinus mattress, you might be eligible for compensation:
The shards of glass can also become embedded in the skin, which requires surgical removal. Therefore, exposure to glass fibers released by the Zinus mattress can result in life-threatening injuries, which is why people whose health was affected by coming in contact with these dangerous particles have the legal right to seek compensation.
Fiberglass in Zinus mattresses leads to expensive cleanups and loss of all belongings
- Due to the severity of their injuries, they have to spend thousands of dollars on healthcare, medical assistance and procedures, and medication. To make matters worse, some of the injuries caused by fiberglass are permanent, such as lung scarring, and people who end up with this serious condition have to use special inhalers that are quite expensive. As a consequence of their complex injuries, consumers whose health was affected by the fiberglass in a Zinus mattress are unable to return to work for several weeks to several months, which can take a heavy toll on their financial stability.
- Another terrible aspect that may significantly harm their budget is property damage, as fiberglass will contaminate the entire house in some cases. This requires cleanup that must be carried out by a licensed, professional team, whose cost ranges between $2,000 and $10,000. Moreover, most people whose homes were contaminated by fiberglass have to dispose of nearly everything they own since fiberglass cannot be removed from certain objects such as furniture and clothes.
- While fiberglass is being removed from their houses, the owners of Zinus mattresses usually have to spend several days or even several weeks in a hotel room if they do not have the possibility of moving with a family member or a friend. Some of the worst cases we took on involved Zinus mattresses owners who became homeless as a result of the irreversible damage caused by fiberglass to their houses.
People whose homes were damaged by the fiberglass in Zinus mattresses have to pay for the cleanup themselves
According to Zinus, if a consumer removes the outer cover of their mattress, they no longer have a warranty. Thereby, the company steers clear of any responsibility with regard to the issue of fiberglass. As a consequence, people whose homes became contaminated with fiberglass or whose health was affected by exposure to it will not receive any help from Zinus in terms of financial compensation.
It is only by joining the lawsuit pending against the company that you can recover money for property damage and injury from Zinus, a matter which our skillful attorneys and their legal team will help you with. It is very important to partake in the lawsuit since, as you may already know, the cost of fiberglass removal and the expenses incurred by medical assistance is quite high.
The status of the lawsuit filed against Zinus, Inc.
The class-action lawsuit against Zinus, Inc. was filed in the spring of 2020 in federal court and is currently awaiting the approval of class certification. It is important to know that there are other defendants listed in this class-action lawsuit, including Target Corporation, Amazon.com, LLC, Walmart, Inc. Wayfair LLC, and eBay Inc. The reasons for filing the lawsuit invoked included the following:
- design defect
- fraudulent concealment
- gross negligence
- failure to warn
- unjust enrichment
- breach of implied warranty
Since the lawsuit against Zinus, Inc. and the retailers is a class-action one, it was filed on behalf of the following:
- a proposed nationwide class of consumers who purchased the affected mattresses
- a proposed nationwide class of adults injured by glass fibers from the affected mattresses
- a proposed nationwide class of minors injured by glass fibers from the affected mattresses
- a proposed nationwide class of individuals who suffered personal property damage by glass fibers from the affected mattresses
- a proposed nationwide class of individuals who suffered real estate property damage by glass fibers from the affected mattresses
Why Zinus could be held liable for the faulty design of their mattresses
There are numerous reasons why Zinus, Inc. could be held responsible in the pending lawsuit against it, many of which have been stated by Chandler and Durham, the couple who filed the putative class-action themselves. They include the following:
- Product defect: These product defects include but are not limited to the placement of the zipper on the outer cover that invites consumers to open it, leading to fiberglass exposure. Furthermore, Chandler and Durham contend that Zinus, Inc. withheld or mispresented information concerning the adequacy of the safety standard of their mattresses to the government.
- Failure to warn: The company had known about the defective nature of their mattresses 8 months prior to taking action to solve the issue of fiberglass but chose not to warn consumers and potential consumers of this serious problem.
- Breach of warranty: The complaint of the couple also alleges a breach-of-warranty claim against Zinus, Inc. and the retailers who sold their mattresses under the Magnuson-Moss Warranty Act, which is meant to offer consumers access to effective and reasonable solutions when there is a breach of warranty on a product. Additionally, Chandler and Durham allege a claim for fraudulent concealment or fraudulent omission, meaning that the company failed to make available to consumers essential facts about the defective nature of the mattresses.
What will the compensation I recover from Zinus cover?
The compensation you will receive from Zinus, Inc. and the retailers will cover the following:
- actual damages
- compensatory damages
- statutory damages
- punitive damages
- exemplary damages
- prejudgment and post-judgment interest
When filing the lawsuit, the Illinois couple also asked the court to issue a declaration stating that the Zinus mattresses are defective as described in their complaint, the defects concern safety, and the defendants are financially responsible for warning all class members of the defects present in the faulty mattresses.
To sum up, the compensation our skilled attorneys will help you recover from the liable parties will prove to be of tremendous aid in covering the cost of the removal of fiberglass from your home, providing you with additional money to purchase new belongings, and covering the medical expenses required by your fiberglass injuries.