Parents from coast to coast wheel their young children in strollers along sidewalks, zoo and amusement park pathways, malls, oceanside boardwalks, and public parks on a routine and often daily basis. Mothers stroll through their neighborhoods with their children in strollers, often meeting up with many others who are doing the same. What do all of these parents have in common? They have very reasonably assumed that the strollers in which they have secured their children were designed and manufactured in such a way as to protect their children’s safety rather than to cause their children harm. The sad truth is that parents’ faith in children’s product designers and manufacturers is often misplaced, children are seriously injured, and parents are left to ask why these tragic accidents happen. The answer often given to this question is that manufacturers cut corners to save costs, outsource their work to China, and fail to ensure that outsourced work has been properly performed.
Once a product is found to contain a dangerous defect, however, the product may be recalled by the manufacturer. Such recalls are often too late to prevent serious injury or death to the children of trusting parents who have purchased and used products without knowledge of their dangers. The recall by Graco of nearly 5 million strollers manufactured in China is a prime example.
On November 20, 2014, the U.S. Consumer Product Safety Commission (CPSC) announced Graco’s recall of approximately 4.7 million strollers in the United States, 202,000 in Canada, and another 10,300 in Mexico. The recall includes 11 Graco and Century-branded models with model names Aspen, Breeze, Capri, Cirrus, Glider, Kite, LiteRider, Sierra, Solara, Sterling, and TravelMate manufactured between August 2000 and September 25, 2014 for a serious finger amputation hazard common to all 11 models. The recalled strollers were sold through Wal-Mart, Target, Toys R Us, and other retail stores across the nation and online at Amazon.com, Walmart.com, and other online retailers from August 2000 through November 2014 (though most were sold more than 7 years ago).
All of the recalled baby product models are single-occupant strollers with external sliding fold-lock hinges on each side and one-hand fold release mechanisms on the handles. Graco decided to recall the strollers after receiving reports of 6 fingertip amputations, four partial-fingertip amputations, and one finger laceration sustained by children whose fingers were pinched in one of the side folding hinges. What was Graco’s official response to these injuries? According to reports, Graco released the following statement: “While these injuries are unfortunate, the injury rate is 2.3 injuries per million strollers sold.”
Graco’s proposed remedy is to provide free repair kits (available in December 2014) to consumers who own these strollers so that parents can repair the strollers, themselves. In the meantime, Graco advises parents and other child caregivers to exercise extreme care when unfolding the strollers to be certain the hinges are firmly locked before placing children in the strollers and to immediately remove children from the strollers when the strollers begin to fold.
Far better advice to parents: Immediately stop using these strollers, take them out of your children’s reach, and instruct anyone who cares for your children to do the same. If your child has already been injured by one of these strollers, do not attempt to repair the stroller. Preserve it in its present condition so that a child-injury attorney can assess the important issues of product preservation and testing for purposes of a product-liability action against the parties responsible for your child’s injury.
These and other defective children’s products can cause serious injury or death to children who use them. If your child has been injured or killed by a defective or dangerous children’s product, you may be entitled to compensation for the suffering and injuries your child has been forced to endure. Child-injury attorney Jeff Killino has extensive experience with child-injury cases, including those arising out of injuries and deaths caused by dangerous toys and defective children’s products. Contact attorney Killino and his nationally-recognized team of child-injury lawyers and paralegals for expert and compassionate assistance with your case.
Holding Manufacturers and Others Legally Responsible for Children’s Dangerous-Product Injuries and Deaths
Product-liability law provides the vehicle for obtaining justice from manufacturers and others involved in the production and sale of dangerous and defective children’s toys and other children’s products that have caused children’s injuries and deaths. Because the dangers to children who play with defective toys and use defective children’s products are so great, the designers, manufacturers, assemblers, suppliers, wholesalers, and retailers of these products may be found legally responsible for children’s injuries and deaths cause by these products’ defects, even if none of these parties is shown to have been negligent in creating or releasing the defective product to the public or to have had any knowledge of the product’s defect before a child’s injury occurred.
This liability without proof of negligence or other fault is known as strict liability and applies to any of the above-referenced defendants, regardless of where in the chain of production or distribution a product defect occurred. Any one and all of these defendants may be held legally responsible for a child’s injury or death that is determined to have been caused by either a design, manufacturing, or warning defect. Proof of these defects and the resultant liability is accomplished by experienced defective-products attorneys and the testimony of experts in the field.
Obtain Expert Assistance from Child-injury Attorney Jeff Killino
Child-injury firm attorney Jeff Killino has received national recognition for his extensive knowledge regarding child-injury cases and his aggressive pursuit of justice on behalf of children who have been injured by medical malpractice, other negligence, or dangerous and defective products. His cases have been reported on major television networks such as CNN, ABC, FOX, and the Discovery Channel, including one that led to an order compelling Mattel, Inc., to provide free lead testing to children who may have been exposed to Chinese-manufactured Mattel toys containing excessive levels of lead. Contact attorney Killino for experienced, dedicated, and expert assistance with your dangerous toy or children’s product child-injury case.
