The popular line of Bumbo Baby Seats was recalled after reports of serious injuries occurring with children who used the product. These products which were sold at specialty retailers and big box retailers such as Toy R’ Us, Sears and WalMart have been known to cause injuries. According to reports more than 50 people have suffered injures so far due to the defective seat; while close to four million bumbo seats have been recalled
Bumbo Seat Injury Liability – Who is liable for my child’s injuries?
When you or a loved one have injured from a defective product
all parties involved in the sale of the product are liable. What this means is all commercial sellers of the product are responsible for your injuries. This includes retailers, wholesalers, distributors and manufacturers.
When a retailer sells a product that is defective, which ultimately causes injury then they will be liable. There is no requirement that they know about the defect. Rather all that needs to occur is for you to be injured. Retailers are often times protected by indemnification agreements between themselves and certain manufacturers and distributors. What this means is that when a retailer like Wal-Mart purchases a product they require the manufacturer or distributor to protect them in a lawsuit.
In order to maximize your potential for recovery we join and sue every entity responsible for the harm or involved in the chain of distribution and hold them liable for the injuries suffered. Even though all parties may not be liable it is important to determine that during the course of discovery.
If your child has been injured from the use of a Bumbo baby seat do not assume that you have no case. It is important to speak with a product liability attorney and determine who is at fault and go from there. Our office offers a free thirty-minute consultation to help you determine whether you have a case. From there we can help you better understand your rights and aid you in making the right decision.
Bumbo Baby Seat Design Likely a Cause of Defective Product
It is likely that these products can be categorized under a design defect. When a product is defective it is because of a design, manufacturing or inadequate labeling issue. A design defect occurs when the manufacturer poorly designed the product. In the case of the Bumbo seat it can be argued that because the manufacturer failed to install a safety harness that a defective design exist.
A manufacturer defect exist if the product was defective when it left the assembly line. In this case it is unlikely for there to be a manufacturing defect because 4 million units have been recalled. It is however probable that a serious design defect existed in product. Because Bumbo was not installed with a seat belt feature it can be considered a design defect.
Determining which theory to present to a jury, is important. Many attorneys are not aware of the nuances involved in product liability litigation. Knowing the proper theories to assert and diffusing any defenses posed by opposing counsel is critical to succeeding in such cases.
Manufacturers are generally covered by high value insurance policies. This is called product liability insurance. So when there is an accident, the manufacturer contacts his insurance provider and they begin handling the case. Insurance companies will spend large sums of money to defend against a case. That is why you need to have a team who has the resources to fight for your case.
We handle product liability cases and can offer you a free evaluation of your case. If you have been injured from the use of a defective product or your child has been injured contact Bumbo defect attorneys at Downtown L.A. Law.
Common Injuries Resulting form Bumbo Seat Accidents
There have been over 50 reports of injuries made to the U.S. Consumer Product Safety Commission. While all the reports do not indicate serious injuries, some have reported skull fractures and other serious injuries. Common lists of injuries include:
- Emotional trauma;
- Brain injuries;
- Skull fracture;
- Traumatic brain injury;
- Broken bones;
- Facial lacerations;
- Visual impairment;
- Damaged spine or spinal cord injuries;
- Permanent disfigurement.
If you child has been injured seek medical attention. It is important to have a full and detailed medical report of all injuries. Knowing the injury is critical. Often times injured parties delay seeking treatment. This is a mistake, you should seek immediate medical attention for your child if they have been injured. Delaying seeking medical treatment can inflict permanent injuries. After you speak with your primary care physician or an ER doctor it is advisable to contact an attorney.
Tips for Defective Products – What to do if you or a loved one has been injured to a defective consumer good
Here are some important tips to keep in mind when dealing with a defective product.
- Do not dispose of the product. The first reaction of a consumer is to dispose of the product. Often times they owner of the product does not want to be reminded of the injury. As a result they dispose of the product. This can seriously impinge on the success of your case. Make sure to keep the item in its post accident condition.
- Seek medical treatment. Your health should be your first priority. Make sure to seek needed medical treatment. If you are not sure which doctors to visit, contact your attorney they will have a network of physicians you can deal with.
- Keep detailed information. This includes receipts of the purchase, serial numbers, photographs and other needed information. If there is anything which relates to the accident make sure you keep it as it may be useful.
Our practice deals with product liability injuries. Understanding the science and engineering behind the manufacturing of a product is important. Speak to a skilled defective product attorney today for a free consultation at Downtown L.A. Law.
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Child Injury Lawsuits