Over the years, the media has continuously reported on dozens upon dozens of recalls on popular baby products. Recalls involving baby strollers often involve warnings that pose a serious threat to the child’s well being. When a child has been injured or killed and the parents believe the cause was a defective stroller, they may have just cause to launch a complaint against the manufacturer.
Potential Risks of Defective Strollers
There are numerous ways a child could be injured due to the stroller’s poor design or neglectful manufacturing processes that took place during production. Here are some examples of injuries that could occur due to defective strollers:
- Amputated fingertips from hinges
- Finger lacerations from hinges
- Suffocation from trays
- Fall injuries, including broken bones, from collapsing
- Fall injuries from safety harness failure
- Choking hazards from loose, small pieces
- Rolling hazards from brake failure
- Entrapment from stroller collapsing
Past Defective Stroller Lawsuits
Past recalls from stroller manufacturers have prompted lawsuits due to injuries sustained from the defective baby products. For instance, in November 2014, Graco recalled close to five million of their strollers due to a high incidence of children having their fingers amputated in the folding hinges that were set on the sides of each stroller. In late January of that same year, Britax was forced to recall over 200,000 strollers when reports came in of the release button failing and parents receiving serious injuries such as broken fingers and severe lacerations.
In July 2012, a tragic death of a six-month boy from California prompted Peg Perego to recall over 200,000 strollers. The boy had become trapped and strangled between the tray and the stroller seat. During that same month, Maclaren began the process of honoring product liability claims due to their strollers causing at least 20 finger amputations and close to 150 bruising and laceration injuries.
As reports of accidents and deaths related to baby strollers continued to surge, the U.S. Consumer Product Safety Commission (CPSC) was prompted into action. In 2014, the CPSC passed legislation changing the way all strollers are made and tested before entering the U.S. market. The new regulations would affect all strollers made after September 2015. The guidelines will require manufacturers to check for hazards that could cause problems with the restraint system, hinge issues, structural stability, brake failures, and other potential risks.
Defective Product Liability Basics
Lawsuits for baby strollers typically involve filing a defective product liability claim. In order to have a case against the stroller manufacturer, you must prove several things:
- You or your child sustained an injury.
- The product is structurally defective.
- The stroller’s underlying defect resulted in the injury.
- The stroller was being used as directed at the time injury occurred.
Although you may own a stroller subject to a recall, that doesn’t mean you are eligible to receive compensation. The manufacturer will provide instructions on how to submit a claim with them if you own one of their recalled products. Upon receiving your claim, the manufacturer generally provides a free repair kit, a product replacement, or refunds the purchase price.
As part of your case against the stroller manufacturer, you’ll also have to prove that there was a design error or problem that occurred during production of the stroller. You may also have a case if the company failed to warn you of risks associated with the stroller. There also has to be evidence that you weren’t using the stroller in a negligent way. For instance, if the child was injured because you ignored the warnings and failed to use the brake while stopped.
For more information on defective baby stroller lawsuits and how you can protect your family in the case of injury caused by baby products, give our office a call today. We can help your family get the compensation you deserve from negligent manufacturers.