On June 11, 2020, Bonnsu issued a recall for their Miniware Teething Spoons. According to the recall, number 20-135, the teething spoon can break in a child’s mouth during use as a teether; this poses a choking risk to infants. The recall has affected approximately 32,000 units of the product.
The recall specifically includes the Miniware teething spoons made from food-grade silicone (which is designed for infants to use during teething from 4-24 months old). The spoons were available in gray, lavender, cotton candy (pink), key lime (green), peach, and aqua; they were sold in sets of two. On the handle of the recalled spoons, “Miniware” is stamped in raised letters. The recalled spoons were also sold as part of Meal Kit Configurations. The “First Bites” kits consisted of spoons (in peach, gray, lavender, cotton candy, aqua, and key lime), a suction foot, a bowl, and a lid. The “First Bites Travel Kits” consisted of spoons (in lavender and aqua), a bowl, a travel bag, and a suction foot. The “Sip and Snack” kit consisted of a spoon (in peach and gray).
The recalled spoons were available from December 2017 to March 2020 for between $14 and $42. The products were available nationwide at Bitte, Mom Loves Me, The Mellowland, The Tot, Turquoise, and Dillard’s; the products were also available online via Miniware.com and Amazon.com.
The company is urging all consumers to stop using the recalled teething spoons and contact them for a free replacement. Should you follow this recommendation and contact the company for a replacement? If your child suffered harm suffered harm associated with the defective product, you should not simply a agree to a replacement. Rather, you should explore the possibility of pursuing a product liability claim against the company.
Could you really pursue a product liability claim against Bonnsu or any other company that negligently contributed to the harm that your child suffered? Depending on the details surrounding the incident and the harm suffered, you might have grounds to pursue a product liability claim for all the harm cased by a defective product. If you would like to learn more about your right to pursue a product liability claim for the harm that your child experienced, do not hesitate to seek legal assistance with the experts at our firm immediately.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including the product liability claims filed after consumers suffer harm due to defective products. Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to hold the liable company accountable for the harm that your young child suffered. If you are ready to explore the possibility of pursuing a claim with the assistance of the experts at Normandie Law Firm, do not hesitate to contact us as soon as possible.
The Danger of the Choking Hazard
As mentioned above, the teething spoon can break in the mouths of children and pose a choking hazard. If the teething spoon breaks, it can block the child’s airways – making breathing difficult. If the choking hazard is not quickly dislodged, a child could lose consciousness due to the lack of oxygen. The lack of oxygen could even result in brain damage. It is also possible for the object to lead to internal injuries. Although it is possible for children to survive choking incidents, the incident could result in permanent harm. Without a doubt, choking incidents are often fatal.
What is Product Liability?
Did your child suffer harm associated with the defective product? Whether your child suffered injuries or lost his or her life due to the defective product, you might have grounds to hold the company accountable for the harm suffered. Your right to sue will be based on the concept of product liability. What is product liability and how does it determine your right to sue?
Based on product liability, all companies have a duty to ensure that their products are completely safe for consumers to purchase and use as intended. Companies must test and inspect their products to ensure that they can identify/address any hazards present in their products. When companies fail to identify and address the hazards present in their products, they are breaching their duty of care. When companies breach their duty of care, they are also putting innocent consumers at risk of suffering harm. When a breached duty of care (such as a defective product) directly leads to an incident and harm, the company that made the defective product available for consumers could be liable for all the harm suffered.
What does this mean? If a company could be held liable, affected consumers could sue. In other words, you could sue the company that contributed to the harm that your child suffered. If you would like to learn more about product liability and your right to pursue a claim, do not hesitate to seek legal assistance with our experts at your earliest convenience.
You Could Sue and Receive Compensation
As explained above, you might have grounds to sue based on the concept of product liability. If your claim reaches a successful outcome, you might be eligible to recover monetary compensation for the harm that your child suffered. How much compensation could you be eligible to receive? What type of compensation could you be awarded? Depending on the details surrounding your claim, you might be eligible to recover some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
Could you really be eligible to recover the compensation listed above? As previously mentioned, the type and amount of compensation that you could recover will always depend on the details surrounding the claim. Therefore, it is essential that you seek legal assistance immediately for more information about the compensation that you could be awarded upon reaching a successful outcome. At our firm, we understand that the recovery of compensation will never reverse the harm that your child suffered; however, we know that monetary compensation can help you and your entire family move forward from such a traumatic time in your life. If you are ready to learn more about the type and amount of compensation that you could possibly recover upon reaching a successful claim outcome, contact our experts today.
What Should You Do?
After being harmed by a defective product, affected consumers should do the following:
- Take photos of any physical harm suffered
- Take photos of the defective product
- Seek medical attention as soon as possible
- Keep the defective product as-is in a safe place (do not tamper with it in any way)
- Contact the company to report the defective product
- Do not agree to a free repair or a free replacement
- Do not agree to a refund or store credit
- Do not agree to return the defective product under any circumstances
- Speak to witnesses present at the time of the incident
- Gather any surveillance footage that might have captured the incident
- Gather all medical records relevant to the incident (including death records, if appropriate)
- Seek legal assistance immediately
Following the steps listed above allows affected consumers to take the necessary steps to prepare to pursue a claim. If you would like to learn more about the importance of following these steps, do not hesitate to contact the experts at our firm for further guidance.
The Statute of Limitations
How long do you have to pursue your claim? All claims – including product liability claims – are subject to a statute of limitations. A statute of limitations determines the specific length of time that claimants have to pursue their claims. If claimants do not file their claims within the time allowed by the statute of limitations, claimants will lose the right to sue. Why is the statute of limitations important? The statute of limitations ensures that claims are filed promptly; it also ensures that defendants do not have to face unfair claims based on events that happened an unreasonable length of time prior (because the more time has passed since an incident, the less likely defendants are to have relevant evidence to disprove allegations).
What deadline applies to your product liability claim? In California, product liability claims are normally subject to a two-year statute of limitations. This means that claimants typically only have two years to pursue their claims. However, exceptions could apply – exceptions that could toll or pause the applicable deadline. In cases that involve underage victims, the statute of limitations could be tolled until the victim reaches a legal age. After reaching a legal age, the statute of limitations will start running as usual.
To ensure that you have a thorough understanding of the statute of limitations (and any possible exceptions) that apply to your claim, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to help you file your claim on time and hold the negligent company accountable for the harm caused by their defective product.
Contact Normandie Law Firm Today
Did your child choke because of the recalled spoons? If so, you might be interested in learning more about the possibility of pursuing a product liability claim against the company liable for the harm suffered. If you are interested in holding Bonnsu accountable for the harm that your child suffered due to their defective teething spoons, do not hesitate to seek legal assistance with the experts at our firm immediately. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. Our product liability lawyers are ready to handle your claim and help you reach a successful claim outcome. If you are ready to speak with our experts, do not hesitate to contact our firm today.
At Normandie Law Firm, our lawyers are dedicated to providing all affected parties with the representation necessary to hold liable company accountable for their actions. We understand that many affected consumers simply do not seek legal services because they fear expensive legal fees; therefore, we offer free legal services. Our free legal services include free consultations and free second opinions. During our free legal services, our product liability lawyers will be available to answer all your questions and address all your concerns. Our lawyers will provide you with all the information that you need to pursue your claim and hold the negligent company accountable for all the harm suffered. If you are ready to benefit from our fee legal services and speak with our product liability lawyers, do not hesitate to contact our firm today.
At our firm, we offer a Zero-Fee guarantee that ensure that our clients will not have to pay any upfront legal fees for any of our legal services. Our firm is also based on contingency; therefore, our clients will not be required to pay any legal expenses until after reaching a successful claim outcome. If you do not win, you will not have to pay anything.
If you are ready to discuss the possibility of pursuing a claim with the experts at our firm, do not hesitate to contact our firm immediately.
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