We bought our son a Power Wheels car in December of 1998 at the Walmart in Buford Ga. We were not aware of any recall on these cars. As a matter of fact the recall states if you purchased the car AFTER Oct 28,1998 your car was NOT part of the recall.
Our house burned down on Oct 25, 1999 as a result of a short in the charging system on this car. I found out two months after this about the recalled cars. At the time Fisher Price had the model numbers affected listed on their web site. Ours was one of those numbers. This car had been sold several months after the recall.
I contacted Walmart and Fisher Price. Actually Walmart referred me to Fisher Price saying it was not their responsibility that they sold me a defective car. Fisher Price said they would be happy to address our losses which wer not covered by our insurance. But they wanted to come pick the car up first and have it inspected by their labs. They wanted documentation showing the date of the sale and the purchase location. I said I have the receipt both from the store and the credit card company with dates and identifying the product, but that I would not just let them have the car or these documents without some type of protection agreement concerning my articles and rights. They refused.
The economic damages were devastating to my family. Even with insurance we lost an additional $60,000-$70,000 in articles. Plus the cost of having the house rebuilt was much more than when we purchased it 4 years earlier. We were forced to move into a trailer built in 1962. It was terrible. We lived there for 8 months. Now we rent a house in Cleveland Ga. It is still very small but better than the trailer. We are still struggling to come up with enough money to rebuild.
To complicate that we have a son who requires heart surgery for defects. We have a substantial amount to raise to cover our portion of that surgery (coinsurance). Besides losing our home it has affected our personal lives tremendously. I have developed an ulcer that I can't seem to get healed even with very expensive medication. My wife and I both feel depressed all of the time because of the losses and the difficulty of having to start over.
Roy should immediately retain an experienced litigator to represent him against Fisher Price, which built the defective product, and Wal-Mart, which negligently sold an item that had been recalled months before.
