On March 19, 2020, Amazon issued a recall for the Kids & koalas baby walkers sold exclusively via Amazon.com. According to the recall, number 20-730, the baby walkers do not meet federal safety standards. That is, the walkers can fit through standard doorways, are not designed to stop at the edge of a step, and have leg openings that allow children to slip down and become entrapped at the neck. The children using these defective walkers can suffer serious injuries and can even lose their lives.
According to the recall, approximately 3,600 units have been affected by the recall. The walkers are foldable and have eight wheels as well as a seat with adjustable height. The baby walkers were available in grey, white, black, green, pink, and blue. The Kids & Koalas logo can be found printed on the back of the seat as well as the front of the tray. The model number (X002) can be found on the hang tag attached underneath the walker as well as on the packaging.
The defective baby walkers were manufactured in China; the Amazon seller is Utomen, of China. The products were sold online via Amazon.com from September 2017 through July 2018. The walkers were sold from $89 to $123 each.
According to the recall, affected consumers should stop using the baby walkers immediately, dismantle them, and throw them away. Amazon is contacting affected consumers directly to provide instructions on receiving refunds for the value of the products.
Was your child harmed because of the defective baby walkers that were recalled by Amazon? If so, you should explore the possibility of pursuing a product liability claim instead of simply settling for a refund. Depending on the details surrounding the claim and the harm that your child suffered, you might have grounds to sue; you might even have grounds to recover significant monetary compensation. If you would like to learn more about your right to sue for the harm that your child suffered because of the defective baby walker, do not hesitate to seek legal assistance immediately.
At Normandie Law Firm, our lawyers are ready to provide you with the guidance that you need to hold liable companies accountable for the harm that their defective products cause. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims like product liability claims. Our lawyers are knowledgeable of defective products and are ready to provide you with the representation that you need to successfully sue the liable company and recover the compensation that you are owed. To discuss your claim with our experts, do not hesitate to contact us today.
The Danger of the Defect
As explained above, there are a number of issues with the recalled baby walker. These issues include the walker being able to fit through standard doorways, not being designed to stop at the edge of a step, and having leg opening that allow children to slip down (and becoming entrapped at the neck). These are significant violations of federal safety regulations. Because of the defects present in the products, children could experience serious falls that could lead to a number of injuries, including but not limited to some of the following: head injuries, neck injuries, back injuries, spinal cord injuries, broken bones, sprains/strains, and lacerations, for example. The baby walker also represents an entrapment risk due to the large leg openings. Children could slip down and become entrapped at the neck (because the head cannot pass through the leg opening like the rest of their body). This could lead to suffocation, which could result in oxygen deprivation. The oxygen deprivation could lead to brain damage and could be fatal.
What is Product Liability?
If your child suffered injuries or lost his or her life because of a defective product, it is important for you to know that you might have grounds to sue based on the concept of product liability. What is product liability? Based on product liability, companies owe their consumers a duty of care. All companies have a duty to ensure that their products are completely safe for their consumers to use. In other words, companies must test and inspect their products to be able to identify and address the hazards present in their products. Failing to take action to ensure the safety of products represents a breached duty of care; the breach of duty could result in an incident (such as a child falling or becoming entrapped) which can directly lead to harm.
Whenever the harm that a consumer suffers can be associated with a defect present in a product (whether it is a defect in labeling, manufacturing, or design), the company can be liable based on product liability. If a company is liable, consumers could sue. If you would like to learn more about your right to file a product liability claim for the harm that you suffered, do not hesitate to contact our experts today.
File a Claim and Recover Compensation
As mentioned above, you might have grounds to sue based on product liability. If you make the decision to pursue a claim – and if your claim reaches a successful outcome – you might have grounds to recover monetary compensation for all the harm suffered because of the defective product. The type and amount of compensation that you are eligible to receive will always be based on the detail relevant to your defective product claim; therefore, it is essential that you speak with an attorney today.
Some of the compensation that you might be eligible to recover could include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Funeral and burial expenses
- Loss of consortium
- Property damage
- Punitive damage
As previously mentioned, the type and amount of compensation that you could be eligible to recover will always be based on the details surrounding your claim. If you would like to learn more about the type and amount of compensation that you could be awarded if your claim is ultimately successful, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our lawyers will fight for your right to be justly compensated and provide you with all the information that you need to learn more about the type and amount of compensation that you could be eligible to receive. To discuss the potential value of your claim with our experts, do not hesitate to contact our firm today.
What Steps Should You Follow?
Although defective products are common and consumers often suffer harm associated with these products, there is a general lack of information relevant to what consumers should do after suffering harm. Because of this, affected consumers often fail to take any action. However, there are a number of things that consumers could do to prepare to take action against the companies liable for the harm that they suffered.
What should you if your child is harmed by a defective product? Consider the following points:
- You must seek medical attention for your child immediately (you must inform medical staff of the cause of the harm)
- Take photos of any visible injuries
- Take photos of the defective product
- Keep the defective product as-is (do not tamper with it in any way)
- Contact the company to report the defect and the harm suffered
- Do not agree to a free repair, a free replacement, a free repair, or to return the defective product
- Speak to witnesses if any were present and gather their contact information
- Gather all relevant medical records
- Gather records of the purchase of the defective product
- Seek legal assistance with an experienced attorney
Without a doubt, it could be nearly impossible to act with a clear head after your child suffered harm associated with a defective product. However, if you follow the recommended steps above, it could be easier to gather the tools necessary to bring forth a lawsuit against the liable company. If you would like to learn more about the importance of following these steps, do not hesitate to contact our firm at your earliest convenience.
The Applicable Statute of Limitations
Although you might have grounds to sue, it is important that you are aware that you can potentially lose your right to sue if you fail to take action within the appropriate length of time. This is because product liability claims are subject to strict deadlines; if claims are not filed within the appropriate length of time, claimants will lose their right to sue. What deadline applies to your claim? In California, product liability claims are normally subject to a two-year statute of limitations. This means that consumers interested in pursuing product liability claims only have two years to file their claims. However, there are a number of exceptions that could apply, resulting in an extended time to sue. For instance, the statute of limitations can be tolled in cases in which the victim is a child. That is, if the child survives, the statute of limitations could be tolled and he or she will be able to pursue a claim after becoming a legal adult (if parents did not already file). If you would like to learn more about the statute of limitations and any exceptions that could apply to your claim, do not hesitate to seek legal assistance with out experts at your earliest convenience.
Contact Normandie Law Firm Today
If your child suffered harm associated with the defective baby walker, you should explore the possibility of taking legal action against the liable company. Depending on the details surrounding the incident and the harm that your child suffered, you might have grounds to sue. At Normandie Law Firm, our lawyers are experienced in product liability law and are ready to provide you with the legal assistance that you need to hold the liable company accountable. Our product liability lawyers are ready to provide you with all the information that you need to pursue a claim and fight for your right to recover compensation.
At our firm, we are dedicated to providing you and all other affected parties with all the information necessary to pursue a defective product claim. To remain accessible to all, our firm offers free legal services – including 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. Our lawyers will provide you with the guidance that you need to start or continue your product liability claim. If you are ready to discuss your claim with the experts at our law firm, do not hesitate to contact us as soon as possible.
At Normandie Law Firm, we offer a Zero-Fee guarantee as well as a strict contingency structure. This means that our clients will not be required to pay any upfront legal fees for any of our legal services. Our clients will also not be required to pay anything until after reaching a successful claim outcome.
Do not hesitate to contact our firm today.
