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 arise from the design or manufacture of the stroller, or the manufacturer may not give adequate warnings about the potential dangers of the stroller.
Potential Injury Risks to Children
Baby strollers cause thousands of serious injuries to children each year, ranging from lacerations, amputations, and broken bones to strangulation, concussions and traumatic brain injuries. They are often the result of poor design and manufacture that can lead to finger catches in the stroller hinges, falls, entrapment under the stroller tray, the safety harnesses or through stroller openings, and choking on small detachable parts. Other stroller design and manufacture defects include brake failure and structural collapse.
In 2016, the Center for Injury Research and Policy published a study of hospital emergency room visits from 1990 to 2010 and found that more than 360,000 children ages 5 or younger went to the ER for stroller- or carrier-related injuries. Most were soft tissue injuries, but a quarter of stroller injuries were concussions and traumatic brain injuries. These 17,000 injuries per year most often occurred when the child fell out, or the carrier or stroller tipped over. A 2017 study of emergency room data collected between 2003-2011 found a 23.7 percent increase in injuries related to nursery products, with nearly 17 percent associated with strollers.
Between 2008 and 2013, the U.S. Consumer Product Safety Commission (CPSC) received nearly 1,300 reports for children age four and younger involving stroller mishaps, including four deaths, four hospitalizations, and 391 injuries.
Making Baby Strollers Safer
In 2015, a new federal safety standard took effect that imposed minimum safety requirements on all carriages and strollers sold after September 10, 2015. The standard mandates that all strollers and carriages be made, tested and labeled to minimize a variety of hazards, including:
- Hinge issues that have resulted in pinched, cut, or amputated fingers or arms. Hinges have the highest injury rate of all hazards associated with strollers.
- Broken and detached wheels
- Parking brake failures
- Locking mechanism problems
- Restraint issues, broken, loose, and easily unbuckled stroller seat belts
- Structural integrity
The CPSC which regulates baby strollers and other consumer products, publicizes manufacturers’ voluntary recalls and has regulatory authority to compel a manufacturer to recall a defective product.
To learn more about baby stroller recalls and safety, go to:
- cpsc.gov: This CPSC website maintains a recall list for consumers to check if there is a recall on a certain baby stroller.
- saferproducts.gov: This CPSC website has a key-word searchable database where the public can report problems with, read consumer complaints about, and find recall notices regarding baby strollers.
Since 2009, the CPSC and manufacturers have announced numerous stroller recalls covering defects that could lead to falls, strangulations, amputations, lacerations, head injuries, and choking. They include:
Fall risk recalls:
- 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.
Brake failure recalls:
- 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.
Choking hazard recalls:
- In July 2015, UPPA baby 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.
Strangulation and entrapment risk recalls:
- 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.
Hinge hazard recalls:
- 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.
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, that you used the stroller properly when the injury occurred, or that the manufacturer did not adequately inform consumers of the product’s safety hazards.
You may 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.
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