Britax, a South Carolina-based company, has come under fire recently for its lack of action regarding its various jogging stroller products. The jogging strollers have been reported by dozens of consumers to have faults and a potential to break while in use, but Britax has elected to do nothing – neither issue a recall nor offer any repairs or reimbursement.
The reports are centered around the wheel of the stroller. Conventional strollers often feature four wheels and a collapsible frame that allow for quick and effective storage; Britax’s strollers have three wheels, two in the rear and one in the front. The front wheel can be detached and features a quick release system that latches the wheel onto the fork that holds it in place. Reports indicate that the wheel may not properly fasten and will instead fall off during use.
If the wheel falls off while the stroller is being used, numerous injuries can and have occurred. There have been 200 consumers who made reports with nearly 100 injuries to both children and adults. The injuries include a concussion, head injuries, facial injuries, dental damage, contusions, abrasions, fractures, and shoulder damage. The accidents happened when the adults were pushing the strollers and the front wheel suddenly detached, leading to the fork stopping the momentum of the stroller. Adults have fallen with the stroller and children have toppled out of their seats.
The strollers have been in use since the late 90s, but only since 2012 have users reported errors. Since 2011, nearly half a million strollers have been imported and distributed by Britax from a company in China. The types of strollers that were listed as hazardous include the Ironman, Ironman Duallie, Revolution, Revolution CE, Revolution Flex, Revolution Flex Duallie, Revolution Pro, Revolution Pro Duallie, Revolution SE, Revolution SE Demo, Revolution SE Duallie, Revolution SE Duallie Plus, Revolution SE Plus, Sport Utility Stroller, Stroller Strides, Stroller Strides Duallie and SUS Duallie. The products could be bought for between $400 and $650 from various retailers.
Impending Lawsuit
Because of Britax’s refusal to take any action regarding its defective strollers, the CPSC has issued a complaint against the company, dating February 16th, 2018. The risk of injury to both children and adults is too great, and the prominence of responses should warrant some kind of action. The complaint states that Britax should, amongst other actions:
- Notify the public of the hazards present with the strollers, whether by issuing a recall or sending letters or emails to those who purchased the product.
- Notify stores that stock the strollers that there are hazards present with the items.
- Bring the defective products to the attention of public health officials.
- Cease production of the strollers so as not to flood the market with any more defective items.
- Repair recalled strollers, or replace the items with new products.
- Reimburse the consumers.
As a result of this complaint, consumers who were harmed by these products, or users whose children were hurt, have the opportunity to file a lawsuit with an injury attorney.
Because of the high amount of defective strollers, a class action lawsuit may be the best choice for victims. A class action lawsuit is a collective claim filed by numerous plaintiffs, or one attorney on behalf of numerous plaintiffs, against a defendant. The amount of evidence present generally bolsters this claim and gives it a higher rate of success. However, because the settlement would be spread out among numerous plaintiffs, the amount each party receives would be smaller than that received in a singular lawsuit.
Fortunately, there is a 2-year statute of limitations on product liability claims. This means that you will be able to sue for up to 2 years from the date of the injury. You can even have the deadline extended in some cases – for instance, if you were a minor at the time of the incident or if you were mentally or physically incapable of taking legal action.
Product Liability Information
Product defects can be blamed on a variety of sources, depending on when the defect occurred.
- If there were an error in the design of the product that was not caught in the creation process, the creators could be held responsible. This may occur when there is an oversight or an obvious flaw is not noticed.
- A manufacturing error occurs in the actual creation of the product, such as at the factory. A machine may malfunction and not properly affix the necessary parts, for example, or an individual may skip a step in the assembly process.
- A failure to provide hazard or warning labels on the packaging, product, or instruction manual could also be viewed as a product defect. There should be ample warnings of the possibilities of injury via misuse or proper use.
A product defect attorney can help you identify the party responsible for the error. He can help you handle your claim and get you the compensation you deserve. He will likely tell you to follow these few steps in the wake of an accident with a defective product.
- First, you should not return the item to the manufacturer or store. You should keep it so you have concrete evidence of what happened. The item’s defect can be replicated. Do not accept a refund either, as you will forfeit any future ability to file a lawsuit if you do.
- Second, you should not try to fix the product yourself. If there are any tampering, the company could claim that it is impossible to determine what was caused by your tinkering and what was not. You may not be able to receive any compensation if you tried to fix the product.
- If you were harmed, seek medical attention immediately. The longer you wait to go to the doctor, the easier it is to claim that the injuries you suffered happened because of another cause.
- Lastly, make sure you hold on to any receipts or proof of purchase documents to show that you actually bought and owned the product.
Compensation from a Claim
With the help of an experienced attorney at our law firm, you can earn different types of compensation for your injuries.
Any medical expenses that racked up because of your injuries could be reimbursed or covered. If you and your child were harmed, the bills stemming from hospitalization, medication, surgery, and physical therapy could be taken care of. In the event that you require additional medical treatment after the fact, you could have those procedures covered as well.
If you missed out on wages at work because of your injuries or if you need future time to recover, you could be reimbursed for your lost earnings.
Property damage that arose from the product breaking can be covered, including costs of the item itself.
Pain and suffering damages are emotional damages, such as psychological trauma, PTSD, mental anguish, and more. They may take months to heal and can have a lasting effect on your life.
Do not try to pursue legal action without an adequate lawyer in your corner. Call our law firm for more help.
Normandie’s Promise
Our team of attorneys is here to help those who have been harmed by defective products. Anyone who was hurt because of a faulty stroller deserves the utmost compensation; the potential damages that could arise to you and your children are too crucial to go uncovered. You should not be expected to be held responsible for your expenses if another party contributed to the incident by selling you a faulty item. Our aggressive lawyers will work to bring you a settlement you deserve and will not stop until you are satisfied with the result. We will negotiate a claim and include you in a class action lawsuit if you so choose.
Call us today for a free legal consultation with an accomplished lawyer. You can discuss your case with us and we will tell you what we believe we can earn for you. All of our consultations are confidential; your information will never leave our offices. If you select us for our legal services you will also receive a zero fee guarantee on your claim. This means that you will pay us no money whatsoever throughout case; our firm will cover the costs and we will only have our fees paid if we win your lawsuit. The settlement from Britax will be the source from which we get paid. If we lose, you don’t owe us a penny at all. We want to ensure that your financial integrity is preserved – no victim should spend his own money pursuing legal consequences and compensation.
If you have been harmed because of a B.O.B. stroller sold by Britax, contact a qualified attorney at Normandie Law Firm today.
