Strollers are products that are used to transport infants, babies and sometimes small children from place to place. They can come in many different sizes and models, and may sometimes be able to fit more than one child. Like any children or baby products, strollers can pose certain health and safety risks to the infant or child. For instance, some common injuries and accidents associated with strollers include:
- Stroller tip overs;
- Stroller falls (falling from the stroller);
- Injuries resulting from broken or collapsed parts;
- Injuries due to sharp or pointed edges; and/or
- Various other types of injuries.
What is a Stroller Recall? Why are Strollers Recalled?
A stroller recall is a request from a manufacturer to have its product pulled from stores and returned. It is also a request to have consumers of the product return it for a refund or product exchange. For example, in late 2014, Graco recalled 5 million strollers after a baby’s fingerprint was amputated while in the stroller.
Recalls for strollers are often made voluntarily because the manufacturer believes the product poses a safety or health risk to those who buy or use the product.
By recalling the harmful product as soon as they are aware of the danger associated with the product, the manufacturer also avoids violating product safety laws and potential defective product injury lawsuits.
What are Defective Product Injuries?
Products are generally recalled when they are considered to be defective. A defective product injury is harm to a user of the product caused by the product being defective in various ways, including:
- Defective Design: The injury was caused by a defect in the product’s design. An example of this is where a stroller is designed with a defect that doesn’t allow it to carry a certain weight, making it more prone to fall accidents.
- Warning Defect: This is where manufacturer did not provide an adequate warning about any possible risks that they were unable to avoid through making the product, such as the risk of getting one’s finger’s pinched by two parts of a collapsible stroller while the stroller is collapsing.
- Manufacturing Defect: This occurs when a product was designed correctly, but an error occurred during the making of the product. The manufacturing error caused the product to become too dangerous for a consumer to use.
- An example of this is where a screw was omitted during the manufacturing process, causing the stroller to be weak and subject to collapsing.
Is a Product Recall the Same as a Defective Product?
Although product recalls and defective products are related to one another, they are not the same thing. A product recall prohibits the sale of a product because it has some sort of safety hazard. It will also include recalling all items, including ones that haven’t broken or injured anyone yet.
Product recalls are typically started by the company, but in rare instances the government can demand a recall. However, nowadays it is much more common for companies to voluntarily recall a product to minimize liability and generate goodwill.
A defective product is a product that does not function as intended by the manufacturer. A defective product may not always be recalled by the manufacturer. Sometimes, the manufacturer may provide customers with a quick fix to make the product work properly and not a refund. It could also, sometimes, be a one-time occurrence that is due to a unique defect in the item.
What are the Legal Remedies for a Stroller Injury?
Depending on the exact type of injury or accident, as well as state laws, various legal remedies can be issued for someone that has been injured by a dangerous stroller product.
In most cases, the remedy will be a monetary damages award that covers losses experienced by the injured party. These damages can cover losses such as hospital and medical bills, any property damage, and other costs.
Keep in mind that the government holds baby products, including food, toys, and items like strollers, to a higher standard of care. This means companies that leave a knowingly dangerous product on the market, especially a baby product, can face serious repercussions. If a company knows that their stroller is dangerous and yet leaves it on the market, for any reason, then they can face punitive damages.
Should I Contact a Personal Injury Attorney About a Stroller Recall Lawsuit?
If you or your child was injured by a recalled stroller, you should contact a personal injury attorney. An attorney will explain your legal rights and how to proceed with the lawsuit. If you have any questions or specific concerns, your attorney can provide you with guidance on how to seek a legal remedy.