On May 14, 2020, Swurfer issued a recall for their Kiwi Baby and Toddler Swings. According to the recall, number 20-121, the plastic stopper on the bottom of the swing rope holding the swing seat in place can suddenly detach; this created a fall hazard to the baby or toddler on the swing. The recall has affected approximately 3,000 units.
The recall specifically involves the Swurfer Kiwi Baby and Toddler Swings. The swings are plastic and were sold in blue, pink, and green. The swing is designed to attach to a swing set or a tree branch. The plastic swing measures approximately 15 inches wide, 10 inches deep, and 20 inches high. The plastic swing weighs approximately 4 pounds. On the underside of the plastic swing, FlyBar, Inc. as well as Kiwi Swing SSW-0005 are printed. The manufacture date code (August 2019) can be found embossed on the back of the plastic swing.
The plastic swings were sold online via Swurfer.com, FlyBar.com, Walmart.com, and Amazon.com. They were also available at independent stores around the country. The plastic swings were sold from October 2019 through March 2020 for approximately $80 each.
According to the company, there have been at least six reports of the rope end detaching from the swing seat; however, the company claims that no injuries have been reported.
The company is urging all consumers affected by the recall to stop using the swings and contact them immediately for instructions on repairing the plastic swings. Should you follow the recommendations made by the company? If you purchased the defective product but your child did not suffer any harm, following the company’s suggestions seems natural. However, if the product directly contributed to the harm that your child suffered, you should not simply agree to contact the company for information on a repair. If your child suffered harm, you might have grounds to pursue a product liability claim.
Based on the details surrounding the incident that resulted in the harm that your child suffered, you might have grounds to file a product liability claim. If you would like to learn more about your right to sue for the harm that your child suffered due to the defective plastic swing, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. You can trust the experts at our law firm to provide you with the assistance that you need to hold the liable parties accountable for the harm suffered.
If you would like to learn more about your right to file a product liability claim, do not hesitate to contact the experts at Normandie Law Firm as soon as possible. Normandie Law Firm is a personal injury firm dedicated to providing all individuals harmed by the negligence of others with the legal representation necessary to hold them accountable for the harm suffered. Our experts have experience handling all sorts of claims, including product liability claims. If you would like to discuss the possibility of pursuing a product liability claim against Flybar for the harm caused by the defective swing, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.
The Fall Hazard to Babies and Infants
Babies and infants are among the most injury prone individuals. Babies and infants are fragile compared to other age groups and can easily suffer major injuries. According to the recall, the rope can detach from the plastic swing, causing the baby or the infant sitting in the swing to fall. When babies and infants fall, they can suffer a number of injuries. Some of the injuries that babies and infants could suffer after falling from a swing include the following: head injuries; brain injuries; neck injuries; back injuries; broken bones; sprains/strains; lacerations; scrapes and bruises. Depending on the severity of injuries, babies and infants could suffer irreparable damage, which could potentially lead to death. Regardless of the harm that your baby or infant suffered, you might have grounds to take legal action against the entity liable for the harm that your child suffered.
Understanding Product Liability and Your Right to Sue
Understanding Product Liability and Your Right to Sue
If your child suffered harm associated with the defective swing, could you sue? Do you have the right to sue the company that negligently contributed to the harm that your child suffered? Based on the details surrounding the incident, you might have grounds to sue. Specifically, you might have grounds to file a product liability claim. Your right to pursue a product liability claim is based on the concept of product liability. That is, all companies owe their consumers a duty of care – a duty to ensure that products are completely safe for consumers to use. Companies must test and inspect their products to be able to identify/address any hazards/defects present in their products. When companies fail to do this, they are breaching their duty of care. In addition, they are putting their consumers at risk of suffering harm. When a company breaches their duty of care and makes a defective product available for consumers, the defective product can contribute to an incident which can cause harm to consumers. When the harm that a consumer suffers can be directly associated to a defective product, the company could be liable for all harm suffered. In other words, the company could be sued for the harm caused by the defective product.
What does this mean? If your child was harmed as a direct result of the defective swing, you might have grounds to pursue a product liability claim against the company. That is, you could sue Flybar for the harm that your child suffered. If you would like to learn about product liability and your right to sue, do not hestiate to seek legal assistance with the experts at our law firm as soon as possible.
You Could Recover Monetary Compensation
Could you be eligible to recover compensation for the harm that your baby or toddler suffered associated with the defective plastic swing? Based on the details surrounding the incident and whether the claim reaches a successful outcome, you might have grounds to recover monetary compensation for all the harm suffered. Without a doubt, recovering compensation will never reverse the harm that your child suffered; however, it could help you and your family move forward after such a traumatic experience.
Could you be eligible to recover monetary compensation? If so, how much compensation could you recover? What type of compensation could you be eligible to receive? The type and amount of compensation that you could be eligible to recover could include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Regardless of the details surrounding your product liability claim, you can be certain that the experts at our firm are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. If you would like to learn more about the type and amount of compensation that you could be eligible to recover upon reaching a successful outcome, do not hesitate to seek legal assistance with the product liability experts at our firm as soon as possible. Our lawyers will not rest until you recover the compensation that you are owed.
What Should You Do?
If your child suffered harm associated with a defective product, there are a number of things that you should do to ensure that you preserve the right to sue. What should you do? Consider following the recommendations listed below:
- Take photos of all injuries suffered
- Take photos of the defective product
- Seek medical attention immediately
- Stop using the defective product, leave it as-is, and do not tamper with the product in any way
- Contact the company to report the defect, the incident, and the harm suffered
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to a refund
- Do not agree to return the defective product
- Speak to any witnesses present at the time of the incident
- Gather any video footage that might have captured the incident
- Gather all records associated with the purchase of the defective product
- Gather all medical records associated with the harm suffered
- Seek legal assistance with an experienced product liability lawyer at your earliest convenience
Contact Normandie Law Firm Today
Are you in need of legal assistance after your baby or your toddler suffered harm associated with the defective plastic swing? If so, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. Our product liability lawyers are ready to aggressively represent your rights as a consumer and help you recover the compensation that you are owed (for the harm that your innocent child suffered). If you are ready to discuss your claim with the experts at our firm, do not hesitate to contact our lawyers at your earliest convenience.
At Normandie Law Firm, we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the information necessary to reach a successful claim outcome. If you would like to benefit from our free legal services and discuss your claim with our experienced product liability lawyers, do not hesitate to contact us at your earliest convenience.
Our firm offers a Zero-Fee guarantee that ensures that our clients will not be eligible to pay any upfront legal fees for any of our legal services. Because our firm is also based on contingency, our clients will never be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything.
If you are ready to discuss your current situation with the experts at our firm (to further explore your legal options), do not hesitate to contact the experts at our law firm as soon as possible. Our lawyers are ready to sue Flybar or any other company that negligently contributed to the harm that your child suffered.
