For years now we have seen the kangaroo type hammocks parents use to carry their children in. I have often argued that these items cannot be safe for infants and children, and it appears that my thoughts were confirmed. Playtex recently recalled its Playtex Hip Hammock for fall hazards. These items pose significant safety risks to children, who can suffer extensive injuries from a fall. In this particular recall the device can crack or break at the straps causing the child to fall.
Injuries associated from these defects
can be serious. Most accidents would be considered surprise impacts. What this means is that there is no anticipation for the accident taking place. As a result the child can fall without any prior indication. Additionally, most injured parties are likely going to be young children as this is the age group which this product was marketed to.
In such cases the child can be released from the hammock without notice on the hard concrete pavement. As a result they can suffer rather serious head and facial injuries. Other injuries can include fractures to the leg, hand and wrist. In other cases there can be head injuries which result.
However, unlike other cases it is difficult to assess the degree of damage suffered by the child. Children cannot vocalize there injuries as well as adults. As a result it can be challenging to understand their injuries. Additionally, injuries sustained to a young child may not manifest until later on, therefore any settlement would be premature until you fully understood the extent of your injuries.
What to Consider if Your Child Has Been Injured & Case Value
If your child was injured you are permitted to pursue a claim for injuries. However, as mentioned earlier it is better to hold off before making any demand for damages. Why? Because depending on the severity of the injuries it is difficult to know how to value the case. If your child has been injured you are permitted to file suit for the injuries sustained. Make sure you are aware of the filing deadlines and statutes in your respective state. Case value will depend entirely on injuries sustained. Injuries sustained by the child are the key factor in determining what the case is worth.
It is important to remember that before any dollar amount is discussed with the at fault parties that a full evaluation be performed. You want to make sure you are aware of all the injuries before you discuss settlement.
Steps to Take:
In any product liability case you need to make sure you do the following:
-Take photos of the product;
-Keep the product and DO NOT tamper with it any way;
-Make sure you keep the receipt, if you do not have it see if there is any other evidence of the transaction.
Regardless of the potential value of these cases I am troubled that manufacturers would produce such an inherently defective product. To those families who have a potential case it is important that you take measures to preserve the necessary evidence for your case. Should you have any questions feel free to contact our office at 855-385-2529.
Baby Hammock Recall – Playtex Recall
Statute of Limitations for Filing a Defective Product Lawsuit