On March 14, 2018, Radio Flyer Inc. recalled their eWagon—an electric wagon designed for children. Recall number 18-122 affects approximately 5,000 units of the eWagon with the following model number: 3912/3912A. According to the recall, there appears to be an electrical issue in which incorrect wiring can unintentionally activate the wagon’s motor. Although no injuries have been reported, the company has received various reports of the wagon’s motor suddenly activating. Sudden activation of the wagon’s motor is a cause for concern as it can cause injuries.
The defective wagons were purchased from Toys “R” Us in-store and on-line. The wagons were also available via the company’s website at www.radioflyer.com. The eWagons were available from August 2017 to January 2018 at an approximate price of $350. The company is offering a full refund to all consumers who purchased the defective product.
When we purchase products specifically designed for children, we trust that they surpass the highest safety standard. Unfortunately, Radio Flyer negligently made the defective eWagons available to the public. Was your child injured as a result of the defective eWagon? If your child was injured because the wagon’s motor suddenly activated, you might have grounds to file a product liability lawsuit. You should contact a law firm and discuss your current situation with an attorney as soon as possible.
Normandie Law Firm is a firm dedicated to helping all victims of defective products. Your child should not have suffered injuries as a result of a defective product. You must allow us to represent you and your child in your legal action against Radio Flyer. You and your child have rights, and our experienced product liability attorneys will fight for your rights and help you recover compensation. You must contact our law firm and request to speak with our attorneys as soon as possible.
What is the Risk?
The recall states that the defective eWagon poses an injury hazard—a vague statement. How could your children be injured? The recall claims that the wagon’s motor could suddenly start; therefore, the wagon could move suddenly and unexpectedly. If your children are riding on the eWagon, you are likely holding onto the handle leading the way. However, it is not common for parents to bring wagons to a stop and let go of the handle to momentarily do something else. Let us consider a few examples:
- You are taking your children to a local park. You are walking on a sidewalk pulling the eWagon, when you notice that your shoes are untied. You stop the wagon, let go of the handle, and bend down to tie your shoes. In the minute that you let go of the wagon’s handle to tie your shoes, the wagon’s motor unexpectedly starts and the wagon—and your children—begin to roll away. When you notice, the wagon is a few feet away reaching a crosswalk. Even though you try to reach the wagon before it goes into the street, you cannot make it in time; the wagon enters the street, and a car strikes the wagon, leaving your children injured.
- Your children are ready to get off the wagon after a ride around the block. You stop the wagon and walk towards your children to help them get off. While your children are in the process of getting off, the wagon’s motor activates. The movement causes your children to fall onto the concrete floor.
- Your family is having a picnic outdoors. Your children are out running and playing. The wagon is packed with all the essential items necessary for your picnic, so it is carrying some weight. You are setting up everything for the picnic and your children sit down near the wagon to rest. Even though nobody is pressing the electric handle, the wagon motor activates and starts moving. Your children are unable to get out of the way and are impacted by the moving wagon.
Young children are especially vulnerable to suffer injuries. In severe accidents like the one exemplified in the first point above, the children involved would likely suffer severe injuries, such as neck and back injuries, head and brain injuries, broken bones, and spinal cord injuries, for example. In the other two accidents exemplified in the second and third points, children would likely suffer less-serious injuries. They could suffer fractures, scrapes, and bruises, for example. However, even something as minor as a small bump on the head could result in brain damage in small children. Because of this, you must fight for your children’s rights. You must take legal action as soon as possible.
Filing Your Claim
Can you file a claim for a defective product? You can only file a product liability claim if there is a defect in the product’s labeling, design, or manufacturing process. All companies must ensure that their products are safe for consumer purchase before any products are released to the public. All companies should subject their new products to rigorous safety tests and safety evaluations. Radio Flyer negligently released the defective eWagon, putting thousands of children at risk of injury. If your children were injured by the eWagon, you could file a lawsuit. However, you should ensure that you do all of the following:
- Seek medical attention. You must ensure that your children receive medical attention for their injuries. This creates a connection between their injuries and the defective product. You must also keep records of all medical expenses.
- Do not try to fix the product. If you try to fix the wagon’s electrical problem yourself, you might destroy your primary piece of evidence. You must do everything possible to keep the product intact.
- Do not return the product. If you return the product, you are also destroying your most important piece of evidence.
- Keep all documents. You must keep all documents related to the defective product.4
If you do everything mentioned above, you should not encounter any difficulties when you file your claim. The next thing you should do is contact a law firm with experience in defective products. Our attorneys will guide you and provide you with legal advice throughout your legal process.
Compensation Available for Your Claim
Would you be eligible to recover compensation if you file a claim after your children are injured by the defective eWagon? If your children suffered injuries, you might be eligible to recover different categories of compensation. Although there is no way to determine the type of compensation you might be eligible to receive before you consult with our attorneys, you should be familiar with the categories of compensation available:
- Medical compensation—this category of compensation covers any medical treatment that your child or children required for their injuries.
- Lost income—if you were unable to work because you had to care for your children during their recovery, you might be compensated for the income you lost during that time.
- Pain and suffering—physical injuries could lead to mental and emotional afflictions. If you or your children were affected mentally or emotionally, you might receive compensation for pain and suffering.
- Punitive damages—this category of compensation is designed to punish defendants. Punitive damages are intended to prevent incidents from becoming recurrent.
The type and amount of compensation you might be eligible to recover depends on the specific details of your claim. Therefore, you should contact our law firm and request to speak with our defective product attorneys as soon as possible. Our attorneys will evaluate your situation and discuss the estimated value of your claim. When you contact the defective product attorneys at Normandie Law Firm, you can be certain that our lawyers will always fight to help you recover the highest amount of compensation available. Our lawyers know the value of your case and will never settle for less.
Statute of Limitations
The victims of defective products have a two-year statute of limitations to file a lawsuit. What does this mean? All victims of defective products have two years from the date of their injuries to file a lawsuit. You might be interested in filing a claim for your child; however, your child could file his or her own lawsuit when he or she is of legal age. For more information on the statute of limitations and any exceptions that might apply to your claim, you must contact the defective product attorneys at Normandie Law Firm.
Normandie Law Firm
Our law firm is based on the idea that all victims should have access to legal assistance. Because of that, our firm offers free consultations and free second opinions. During our free consultations and free second opinions, our experienced attorneys will answer all your questions and concerns. Our experienced lawyers will give you all the information you need to file your lawsuit. It does matter if you have already spoken to other attorneys; our experienced lawyers will give you the information necessary to clarify any confusion or doubts left by the incompetent attorneys with which you have spoken.
Our free consultations and free second opinions are available through our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our attorneys will never have to worry about paying any upfront legal fees during their legal process. Our firm is strictly based on contingency; therefore, our clients will not pay any fees until they win. If you do not win, you will not be required to pay.
