Children’s Product Recalls, And Why You Should Not Ignore Them

Jed Dietrich, Esq., Recognized as a Best Lawyer and American Institute of Personal Injury Attorneys 10 Best Attorney, is Committed to Protecting the Rights of Families Across Upstate New York. If Your Child Has Been Injured By a Defective, Unsafe, or Poorly Designed Product, Our Experienced Team of Attorneys Could Help You Collect the Evidence You Need to Obtain a Fair Settlement.

The government recalls dozens of children’s products each year.

For most recalls, the risks are largely hypothetical, relating to small bits and pieces that could, under the right circumstances, pose a choking hazard or suffocation risk. However, even if the risks might seem hypothetical, many recalls are still predicated on real reports of verifiable physical injuries. It only takes one hurt child to trigger an investigation, and when it happens once, it could easily happen again.

You do not have to bear the burden of corporate negligence.

The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes product liability claims. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. Since our founding in 2005, we have helped our clients throughout Upstate New York secure more than $300 million in damages.

We could help you, too, but you have to act fast.

Call Jed Dietrich, Esq., today at 716-839-3939 to speak to a child injury product liability lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

The legal system works differently for children.

If you are a grown-up and get hurt in an accident that was not your fault, you have a right to take action against the person or party who caused your injury. Children, in contrast, do not have the same right. Since minors cannot be held to the same standard as adults, that is part of the reason we have different criminal justice systems for people of different ages; the courts would not let kids make certain decisions without an adult’s approval and support.

In general, a child cannot:

1. File a lawsuit on their own behalf;
2. Negotiate terms with an insurance company; and
3. Sign off on a settlement without an adult’s say-so.

Even though kids cannot sue without a parent or guardian’s approval, they still have rights.

In some cases, children can wait until they turn 18 to sue, even if the applicable statute of limitations would otherwise have expired. However, most lawyers do not recommend waiting. Even if your child is only a few years’ shy of their 18th birthday, it does not take all that much time for evidence to go missing and for eyewitness memories to fade.

Instead, you may be able to take action on your child’s behalf. Under most circumstances, parents can press a claim on their child’s behalf, making decisions about which lawyer to retain and when to settle. If you negotiate a settlement or win a court-ordered award, your lawyers and the court will collaborate to ensure that the funds stay safe until your child is old enough to use them responsibly.

The federal government announces recalls at the national level, with different agencies handling different types of products. You can use the following websites to check for active and recent product recalls:

1. The CPSC website for recalls involving household products, toys, appliances, and furniture;
2. The NHTSA website for recalls involving cars, trucks, motorcycles, tires, and certain car seats;
3. The FDA website for recalls involving food, drugs, and medical devices; and
4. The Recalls.gov website, which collects information about recalls from different categories.

You can search Recalls.gov for specific consumer products; make sure you locate the product’s model number and serial number beforehand. If you do not have this information, or it is no longer readable, you can also search by product name and brand.

The U.S. Consumer Product Safety Commission issues anywhere between 100 and 150 recalls for baby and children’s products each year. Some of the most recently recalled children’s products include, but are not limited to, the following:

1. AMASKY Nursing Pillows (suffocation risk) [notice];
2. Boon Nursh Reusable Baby Bottles (choking hazard) [notice];
3. Cat & Jack Children’s Sandals (choking hazard) [notice];
4. Criblike aftermarket play yard and non-full-sized crib mattresses (entrapment hazard) [notice];
5. Gigglescape Under The Sea Popping Toy (choking hazard) [notice];
6. Evenflo Child and Infant Car Seats (defect – injury hazard) [notice];
7. Harppa Nordi Toddler Tower Stools (entrapment and fall hazard) [notice];
8. Joyful Journeys Baby Loungers (entrapment and fall hazard) [notice]
9. LDLXLHTE Crib Bumpers (suffocation risk) [notice];
10. Relaxing Baby Swim Floats (defect – injury/drowning risk) [notice];
11. Saro Braided Crib Bumpers (suffocation risk) [notice];
12. Target Up&Up Baby Wipes (bacterial infection – illness) [notice];
13. Wnttmt Baby Walkers (entrapment and fall hazard) [notice];
14. VEVOR Baby Loungers (fall hazard) [notice]; and
15. Voomf Play Yard and Crib Mattresses (entrapment and suffocation hazard) [notice].

If your child has been seriously injured by a defective consumer product, you could be entitled to file a product liability lawsuit on their behalf.

A product liability lawsuit is a type of personal injury claim.

You could be entitled to file a product liability lawsuit on your child’s behalf if:

1. Your child was injured by a consumer product;
2. Your family used the product for its intended purpose;
3. The product that hurt your child was in some way defective;
4. The defect was the direct cause of your child’s injuries; and
5. Your child has sustained damages, like a serious physical injury, as a result of the defect.

Product liability claims are very different from other kinds of personal injury lawsuits, and you may not have to prove that the manufacturer was negligent to win your case. Instead, certain legal theories permit recovery as long as you have sufficient evidence to show that the product was actually defective.

Damages are compensation for the loss, hardship, and suffering your family has sustained due to a defective product.

Your damages could include direct financial relief for:

1. Hospital bills;
2. The costs of continuing or long-term care;
3. Physical rehabilitation;
4. Psychotherapy;
5. Prescription medication;
6. Transportation costs;
7. Lost income from work while assisting your child’s recovery;
8. Emotional pain and suffering;
9. Physical pain and suffering; and
10. Wrongful death.

Unlike many states, New York does not cap damages in most product liability claims. In other words, you could recover as much money as you need to begin rebuilding. However, this does not mean that you should wait to take action. If you delay, the statute of limitations could lapse, or key evidence could go missing. Once this happens, you could lose your rights on a technicality.

Do not take chances with your family’s right to a fair recovery: call Jed Dietrich, Esq., today at 716-839-3939 to speak to a children’s product liability lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!