If a defective baby stroller injures your child, you may be eligible for compensation from the manufacturer, retailer, or distributor of the stroller. A defect may occur during the manufacturing of the stroller, or the manufacturer may not give adequate warnings about the potential dangers of the stroller.
Potential Risks of Injuries to Children
Children can suffer several types of injuries from defective strollers. These injuries include:
- Amputated fingers or cuts to the fingers
- Broken bones
How do these injuries to children occur? Here are possible scenarios:
- A child’s finger catches in the hinges of the stroller
- A child falls from the stroller
- A child becomes trapped under the tray of the stroller
- The safety harness of the stroller fails to work properly
- The child chokes on loose or small pieces of the stroller
- The brakes of the stroller fail
- The stroller collapses while in use
Regulations Aimed at Making Baby Strollers Safer
The U.S. Consumer Product Safety Commission (CPSC), an independent agency, works with manufacturers to keep products safe. The CPSC communicates with manufacturers and retailers to convince them to recall products the CPSC deems defective or dangerous to children.
If a manufacturer or retailer does not voluntarily issue a recall, the CPSC may bring a lawsuit against the manufacturer or retailer and request a judge to order a recall. The CPSC posts press releases on its website about strollers under recall. You can search a recall list on the website to see if a stroller model is under recall.
In 2014, the CPSC passed new regulations on strollers made after September 2015. Under the regulations, manufacturers must test for potential hazards in the strollers. For example, the manufacturer must test the restraint system, the hinges, and the brakes.
Recalls of Baby Strollers Because of Potential Hazards
As the use of baby strollers increased over the years, recalls were issued when problems surfaced that could create potential hazards.
Recalls of Strollers Because of a Fall Risk
Some strollers have been recalled because of a risk that the child could fall out of the stroller:
- In September 2017, Delta strollers were recalled because the stroller’s leg bracket could break.
- In February 2012, Kelty single and double jogging strollers were recalled because the front wheel could come loose.
- In December 2011, Bugaboo Bee strollers were recalled because the front swivel wheels could lock while the stroller was rolling.
Recalls of Strollers Because of Failure to Stop
Some recalls are related to the stroller’s failure to stop:
- In July 2011, phil&teds Explorer and Hammerhead strollers were recalled because the brake mechanism could fail.
- In June 2011, Britax B-Nimble strollers were recalled because the click you hear when the brake pedal is pressed could make you think the brake was fully engaged when it was not.
- In June 2009, Bugaboo Bee strollers were recalled because one or both sides of the brakes could fail.
Recalls of Strollers Because of a Choking Risk
Some strollers have been recalled because they presented a risk that the child could choke.
- In July 2015, UPPAbaby strollers and RumbleSeats were recalled. A child could bite the stroller’s or RumbleSeat’s bumper bar. A child could potentially remove a piece of the foam covering, creating the potential hazard that the child could swallow and choked on it.
- In October 2011, B.O.B. jogging strollers were recalled because the canopy’s embroidered logo’s patch could detach.
Recalls of Strollers Because of a Risk of Strangulation or Entrapment
Some strollers present a risk of strangulation or entrapment to a child:
- In March 2014, iCandy World Cherry Model strollers were recalled because the opening between the bumper bar and the seat bottom could allow a baby’s body to go through and get entrapped at the neck.
- In July 2012, Peg Perago strollers were recalled because a baby could pass through the opening between the tray and the seat bottom of the stroller. The child’s head and neck could become entrapped by the tray.
- In February 2011, B.O.B. single and double jogging strollers were recalled because a drawstring could wrap around a child’s neck.
Recalls of Strollers Because of a Risk of Injury to a Child’s Fingers
Some strollers have been recalled because the hinges pose a danger of laceration or amputation of the child’s fingers:
- In November 2014, Graco strollers were recalled because the folding hinge on the sides of the stroller could squeeze a child’s fingers.
- In June 2012, Kolcraft strollers were recalled because a child’s finger could get caught in the opening formed when locking and unlocking the hinge used to adjust the handlebars.
These are only some of the recalls of strollers. When buying a stroller, make sure you check to see if the stroller model is under recall.
Bringing a Product Liability Suit Based on a Defect in a Baby Stroller
If your child has been injured by a defective stroller, you may file a product liability lawsuit. You can base your suit on certain causes of action in a Florida product liability case, such as strict liability, negligence, or a breach of warranty. You must show that the stroller was structurally defective, the defect caused an injury to your child, and you used the stroller properly when the injury occurred.
If your product liability suit is successful, you can recover compensation in your product liability lawsuit, including your child’s present and future medical expenses. In some cases, you can recover punitive damages, which are damages that punish the manufacturer, retailer, or distributor for its conduct.
If your child has been injured by a defective stroller, call a defective baby stroller injury lawyer at Newsome Melton at 888-808-5977 for a free consultation or make an appointment on our website.