On October 8, 2019, IKEA issued a recall for their MATVRA Infant Bibs due to a choking hazard. Specifically, the snap on the bibs can detach; this poses the choking hazard. According to the recall (number 20-008), approximately 7,000 units are affected.
The recalled bibs were sold in a two pack that consisted of one blue (with a green seam with white dots) and one red bib (with a yellow seam with red dots) with a snap at the back. There is a white tag on the back of the bibs with both MATVRA, IKEA, and the store logo printed.
The defective bibs were sold exclusively at IKEA stores nationwide; the bibs were also available online at www.ikea-usa.com. The bibs were sold for approximately $2 (per two-pack) from August 2019 to September 2019. The defective bibs were manufactured in Vietnam.
According to the recall, there have been at least two reports of the snaps on the back of the bibs detaching. However, the company claims that neither of these incidents occurred in the U.S. No injuries have been reported so far.
The company is urging all consumers who unknowingly purchased the defective product to stop using the bibs and return them at an IKEA location for a full refund.
Should you return the defective bibs to the store? If your child was not affected in any way by the defective bib, returning the bibs to the store for a full refund would be the most convenient option. However, what if your child was affected? Even though the recall claims that there have been no injuries, it is possible that there have been many unreported incidents and injuries.
If you child was affected by the defective bib and its choking hazard, it is important for you to explore the possibility of pursuing a claim. If you would like to learn more about the possibility of pursuing a claim against IKEA for the harm suffered because of their defective product, do not hesitate to seek legal assistance immediately. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims and ensuring that victims and their families are rightfully compensated.
If you would like our product liability experts to handle your claim and fight for your right to be compensated for the harm that your child (and your entire family) suffered because of a defective IKEA bib, do not hesitate to contact us immediately, Our lawyers are ready to represent you and help you through every step of the legal process.
The Choking Hazard
Infants put anything that they could get their hands on in their mouths; it’s simply something that they do. Parents and caretakers have to be vigilant to ensure that there are no choking hazards around. Any small object has the potential to be a choking hazard. However, we never expect an essential baby item – such as a bib – to pose such a severe hazard. Small items that are accidentally swallowed can block infants’ airways and become very dangerous very fast. With blocked airways, infants are deprived of essential oxygen. In just a few minutes, the lack of oxygen can cause permanent brain damage or even death. Many people mistakenly believe that choking incidents only happen when the adults caring for infants are careless or reckless; however, that is not the case. Choking incidents can occur because of the carelessness and negligence of well-known companies, such as IKEA – and they should be held accountable.
Is IKEA Liable for the Harm Suffered?
Is IKEA liable for the harm suffered in direct association with their defective bibs? Based on product liability, IKEA will likely be liable for all the harm their consumers suffer because of their defective products. Based on the concept of product liability, companies have a duty of care towards their consumers. Specifically, companies have a duty of care to ensure that all their products are safe for their consumers. By failing to ensure that their products are completely safe for consumers, they are breaching their duty of care towards their consumers. A breached duty of care (such as failing to inspect and tests products) increases the risk of consumers being harmed. As soon as a breached duty of care causes an incident (such as the snap on the bib detaching and leading to an infant choking), the company could be liable for all harm caused by their defective products. If you would like to learn more about establishing liability in the incident that harmed your child, do not hesitate to seek legal assistance as soon as possible. Depending on the specific details of the incident and the harm that your child suffered, you might have grounds to establish liability against IKEA.
Could You Sue and Recover Compensation?
After establishing liability, you will likely have grounds to sue – after all, the harm that your child suffered would not have occurred if the company had exercised their duty of care and ensured that their products were completely safe for use. If you pursue a claim, you might be able to recover at least some sort of compensation.
How much compensation could you be entitled to receive? What type of compensation could you recover? The specific type and amount of compensation that you could recover if your child is harmed by a defective product will always depend on the specific details of your claim. Consider the following types of compensation that could be available:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Could you really recover the compensation mentioned above? Your right to recover compensation will always depend on the specific details of your claim; therefore, it is essential that you get all information regarding the potential value of your product liability claim from an experienced attorney. If you would like to learn more about the type and amount of compensation that you could be eligible to recover if your claim reaches a successful outcome, do not hesitate to contact our firm immediately.
When you allow the experienced product liability lawyers at our firm to evaluate and handle your claim, you can be certain that there will always be someone aggressively fighting for your right to recover the compensation that you deserve. If you would like to learn more about the specific type and amount of compensation that you could be awarded in a settlement or a verdict, do not hesitate to contact our law firm today – our defective product attorneys are ready to represent you.
The Steps that You Should Follow
Unfortunately, many parties harmed by defective products lose their right to take legal action after the liable company because they fail to take the appropriate actions immediately after being harmed. Instead, many people follow the recommendations set by product recalls – which often result in forfeiting the right to take legal action (by returning the defective product, for example).
If your child was harmed by a defective product, it is essential that you follow the following recommendations to ensure that you preserve your right to pursue a claim:
- Seek medical attention as soon as possible – keep records of any imaging that shows the lodged snap prior to its removal
- Take photos of the defective product
- Keep the detached snap in a safe place (if it was retrieved)
- Do not tamper with the defective product (the bib and the detached snap in any way)
- Contact the company to report the defective bibs and the incident
- Do not return the defective product
- Do not accept a refund
- Do not agree to a free repair
- Do not agree to a free replacement
- Refrain from revealing any information that could be used against you
- Gather all purchase records
- Seek legal assistance immediately
When you follow the recommended steps above, you are essentially preparing to pursue a claim. Following the steps above will ensure that you have the necessary tools to file your claim and start the legal process towards a successful claim outcome. If you would like a more in-depth explanation of the specific steps that you should follow after your child was harmed by a defective product, do not hesitate to contact our firm immediately.
How Long Do Victims have to Sue?
All claims are subject to specific deadlines – deadlines that place a limit of the time that claimants have to file. These deadlines are called statutes of limitations. A statute of limitations establishes the specific length of time that claimants have to pursue their claims. In California, injury claims arising from defective products are generally subject to a two-year statute of limitations; however, exceptions could apply.
Although claimants could typically have only two years to file their claims, certain exceptions could change the applicable deadline. There is an important exception that applies when the victim is a child. Without a doubt, parents can pursue claims for the harm that their children suffer. However, the victimized children (if they survive) can independently pursue claims once they turn eighteen. This is due to the exception – the statute of limitations can be tolled until the victim turns eighteen, then the normal two-year statute of limitations will start running (the claimant will have two years to file after turning eighteen).
For more information about the specific statute of limitations that might apply to your claim, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Why is it so important to understand the deadline that applies to your claim? The answer is simple – you will lose your right to sue if you fail to file your claim on time.
Seek Legal Assistance Today
It can be difficult to find the strength and clarity of mind to make a decision to pursue a claim after such a traumatic experience. At Normandie Law Firm, we are dedicated to representing victimized parties – we understand your struggles, and we want to handle your claim while you focus on moving forward. At Normandie Law Firm, we offer a variety of 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 and address all your concerns – ensuring that you have access to all the information that you need to start or continue your product liability claim. These free legal services are available as part of our Zero-Fee guarantee, which ensures that our clients will not be charged any upfront legal fees for any of our legal services. Because our firm is also based on a contingency structure, our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not have to pay anything – contact us today.
