On July 31st, 2019, Dorel Juvenile Group issued a recall for its baby sleepers. These sleepers are essentially raised beds in which babies can rest. The babies are restrained by small belts, but can rest in the sleepers without any restraints.
Around 24,000 of the units were recalled. The issue revolves around the thick materials used to cushion the babies during their sleep. It could lead to suffocation when babies roll over onto their sides or stomachs. They often may not be able to right themselves, and some parents may be unaware, believing that the tossing and turning is normal in sleep. However, it should be known that the risk of suffocation is only present when the babies are not restrained.
The sleepers are shaped like rectangles and balance on a pair of legs about two feet off the fleer. The beds have a sleeper pad in them for the babies to nap in. The intended age range is for infants up to six months old.
The sleepers were manufactured in China and sold in various retail stores like Target, TJ Maxx, Kmart, Ross, and more for $60. They were sold between November 2014 and February 2017.
The recommended course of action for those who own the sleepers is to contact Dorel to get a refund in the form of a $60 voucher.
To date, no infant fatalities have been reported with respect to the specific sleepers and bassinets. There have been reports of deaths because of other items, however.
Causes of Infant Deaths
Baby sleepers, bassinets, and certain cribs can be dangerous for infants. They are sometimes filled with thick blankets or pads that suffocate the infant when he or she turns over. Parents should always be aware of what kinds of blankets and sheets they place in cribs and sleepers; the wrong type can inadvertently lead to the death of a child.
What To Do If A Child Is Injured From A Dorel Sleeper Or Bassinet
In the event that your child is injured or passes away because of the flawed design with a Dorel sleeper product, you could take legal action against the company and pursue compensation. You should take the following steps to ensure that you are successful with your claim:
- Hold on to any medical statements showing that the cause of injury was related to the sleeper or bassinet
- Do not return the item to Dorel; it is a key piece of proof, and if you get rid of the sleeper, you will not be able to use it in your claim as evidence
- Do not tamper with the item in any way; if there are any noticeable modifications, the company can claim that you were responsible for the issue and contributed to the incident
- Keep any receipts showing that you bought the sleeper, like a proof of purchase, credit card statement, and more
As long as you follow these steps, you will be able to file a product liability lawsuit against Dorel. You must also be able to show one of these three points:
- The company had a design error in the creation of the product
- There was a manufacturing error when the item was being produced
- There were no hazard signs or warnings on the item or on the packaging
In all likelihood, there was a design flaw in the product that did not account for babies turning over. There also is a chance that the sleepers had no warnings present anywhere, and parents did not consider the risks of using the sleepers.
It is in your best interest to hire an attorney who can handle the claim for you. You may not have any legal knowledge or experience, and if you try to pursue the claim by yourself, you run the risk of losing. Insurance agents and representatives will throw your request out or ignore you. An attorney can litigate your case while you focus elsewhere.
Compensation from a Dorel Sleeper Lawsuit
Filing a product liability lawsuit or a wrongful death claim against Dorel for the responsibility the company had in providing a safe item for your child can net you a fair amount of compensation. Your damages may include the following:
- Medical expenses, if necessary
- Property damage to replace the sleeper
- Lost income if you could not go to work because of the trauma of the event
- Pain and suffering to cover emotional anguish and mental trauma
- Wrongful death expenses for funeral and burial fees, pre-death medical bills and pain and suffering, and much more
- Punitive damages if the company was grossly negligent in its manufacturing of the product
These damages can total millions in some scenarios. There is also the opportunity for you to join a class action lawsuit if numerous individuals suffered losses because of the defective sleepers and bassinets. In class action claims, multiple plaintiffs come together to pursue a claim against a common defendant, which is usually a business or a company. The upside to class action claims is the abundance of evidence and testimonies. However, the downside concerns the total compensation. The amount won would be split between all of the plaintiffs, so you may not receive as much as you otherwise would in a singular claim.
Statute Of Limitations On Personal Injury Claims
Whether you choose to file a product liability lawsuit or a wrongful death claim, you will have the same amount of time to do so: 2 years from the date of the incident. if you do not take legal action within that time period, you will be barred from receiving any compensation in the future. It is important that you file a claim sooner rather than later; the amount of evidence you have will work in your favor, and it will not get lost or corrupted. Too often, individuals miss out on filing their claims because they ignore the statute.
You should be aware that there are some exceptions to the statute of limitations, but they are usually only recognized and able to be granted through the help of an attorney. You may have been left mentally incapacitated after the incident, for example, and could not file a claim in your right or aware mind. Therefore, when you returned to a functioning state, the statute would begin to count down. Further, the defendant must be present in the state; if he is not, then the statute of limitations would be suspended until he comes back.
The Right Firm for You
At Normandie Law Firm, we are empathetic to the losses our clients receive. We know what it’s like to feel like your world has been turned upside down, and our goal is simple: to bring you the compensation you deserve and to ensure that the company is appropriately punished and changes its actions and behaviors in the future to ensure other incidents do not happen. We will aggressively pursue the compensation you deserve, and if we need to, we will go to court to fight for your rights and win your settlement or verdict.
To speak with our lawyers in a free legal consultation, call our firm today. We will discuss your case with you, answer your questions, tell you how much we feel we can win for you, and much more. All of our consultations are totally free of charge, and we can be reached 24 hours a day, 7 days a week. All of your information and private details will also be kept confidential, and none of your personal details will be shared elsewhere.
If you want us to represent you, we will give you our zero fee guarantee, which states that you won’t have to pay a dime for any out of pocket expenses in the case. We will cover all the costs ourselves, and if we win, our fees will be taken out of the settlement we win for you from Dorel. If we lose, we do not take any compensation at all, and you can walk away without owing our firm anything.
Let Normandie Law Firm and our product liability attornys help you sue Dorel if your child was hurt or died in a sleeper or bassinet.
