According to news reports, Bumbo International Trust is recalling about four million of its popular baby seats after at least 50 children reported fell from the seats on elevated surfaces. The U.S. Consumer Product Safety Commission (CPSC) announced the recall on Wednesday and disclosed that nineteen of the infants apparently suffered skull fractures, prompting the company and government agency to urge parents to stop using the product until they obtain a repair kit. The seats have been sold in the United Stated at Sears, Target, Toys R Us (including Babies R Us), USA Babies, Walmart, and various other online sellers and toy and children's stores nationwide. The recalled products were sold between August of 2003 and August of 2012, for between $30 and $50.
According to the news report, consumers should not take the seats back to the stores at which they were purchased since they cannot provide the repair kit. Instead, the buyers can order the free kit from Bumbo's website or can call the company at 866-898-4999 between 8 a.m. and 5 p.m. (CT) Monday through Thursday and between 8 a.m. and 12:30 p.m. (CT) on Friday.
See the CBS news report and video HERE.
Under California law, in order to prove a product was dangerously designed and that the manufacturer is therefore strictly (automatically) liable for injuries, it must be shown that the product did not perform as safely as an ordinary consumer would have expected it to perform. This is called the consumer expectation test, and it consists of the following elements: (1) The product did not perform as safely as an ordinary consumer would have expected it to perform when used or misused in an intended or reasonably foreseeable way; (2) The plaintiff in the case was harmed; and (3) The product's failure to perform safely was a substantial factor in causing the harm. This test is applied whenever a product does not meet reasonable minimum safety expectations of the ordinary consumer. No expert testimony need be offered. It seems obvious in the case above that the ordinary consumer would expect their child to be safe in a seat designed for infants. Although no restraint was included in the initial design, given the seat's configuration which seems to wrap around the child's legs, most parents would likely think their child was safe from falls.
Compensation for the victims of dangerously defective products, especially those that injure children, should be an important concern for everyone. When an unsafe product, such as dangerous child seat, causes severe injuries or death, the seller should be held accountable for the injuries and damages they have caused. An Orange County product liability attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 21 years of experience handling personal injury and product liability cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been injured by an unreasonably dangerous product?
Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.