Our law firm has been receiving inquiries with regards to serious finger injuries caused by Britax manufactured strollers. Traumatic hand and finger amputations have been reported in parents and loved ones who attempt to fold the stroller. As a result the Consumer Product Safety Administration has issues a nationwide recall of the product. If you or a loved one have been injured read the following article to understand your rights.
: Under NO condition sign any documents until you have spoken with an attorney regarding your case. Should you have any questions feel free to give us a call to discuss your case.
BRITAX B-AGILE AND BOB MOTION RECALL
The Britax B-Agile, B-Agile Double, and BOB Motion baby strollers were recalled by the United States Consumer Product Safety Commission
(CPSC) due to complaints that strollers were causing severe lacerations and amputations. Specifically, a hinge on the folding mechanism would cut or even sever a finger as the user would press the release button while pulling the release strap.
The Strollers were sold at major retailers, including Amazon.com, ToysRUs.com and other between May 2011 and June 2013. Roughly 216,000 units were sold in the United States alone. They are manufactured in China and Imported by Britax Child Safety Inc. located in Fort Mill, South Carolina. The below model numbers were recalled:
B-Agile Baby Strollers:
U341763, U341764, U341782 and U341783
B-Agile Double Baby Stroller:
U361818 and U361819
BOB Motion Baby Stroller:
U391820, U391821 and U391822
Is the product defective?
A product is considered defective
when it fails to perform in the manner for which it was intended. Products can be defective for various reasons including failure to warn, defective design or manufacturing defects. Failure to warn is when the manufacturer fails to warn of potential dangers or uses of the product. Design defects are those which are found in the prototype of the product which causes the injury. Finally the manufacturing defect is one that occurs during the manufacturing phase of production.
With regards to the Britax products it is unclear what has caused the defect. Based on our preliminary research it appears that a manufacturing defect is possible. However, we are currently investigating and performing testing by our experts to better identify the issues, which we will publish when available.
Should I return the product?
In short, no. Returning the product is not beneficial for a few reasons. First, if you return the product you have destroyed the evidence. Once you return the product we cannot have it tested and inspected to ensure that it is working properly and to identify the mechanism the makes this product defective. Second, when you return the product or file a claim you have essentially provided the manufacturer or insurance company your personal information. This information will be used to make contact with you, which is never a positive.
Do not return a product if it has caused an injury. Always make sure that you photograph the product, write down the serial numbers if available and do not attempt to fix the issue. Even though the manufacturer will promise you a new product in return this will be damaging to your potential case. Additionally they will then have control over the product which caused the injury and will not return it to you should you decide to pursue a lawsuit.
What if they have offered me a settlement?
Quick settlements are not uncommon in these types of cases. Here is how it usually works. You will make a complaint to the store where you purchased the item. This complaint will include all of your information including telephone number, address and name. In turn the distributor will contact the manufacturer who will immediately contact you.
Manufacturers will offer you a quick settlement for what sounds like a large sum of money. Often times they will tell you how pursuing a lawsuit is not worth it or that you will not be successful. These misrepresentations should not be taken seriously. Never under any condition accept the settlement offered by the manufacturer or their insurance company, why? Because these offers will often be a fraction of what the case is actually worth or they will not take into consideration the extent of your child’s injuries.
Deep lacerations can cause tendon issues, or loss of the “trigger finger”. Amputations can be traumatic for both the parent and child, and this is not taken into consideration with the insurance settlement offer.