Burley Issues Recall for Defective Child Bicycle Seats
On December 9th, 2020, Burley issued a recall for its Dash X FM child bicycle seats that are used on various bicycles. The reclining plate that holds the seat in place may detach from the frame, leading to the seat falling off. As a result, riders and children can be seriously hurt. Over 750 of the bicycle seats were recalled.
The Burley bicycle seats have a model number of 924004. Serial numbers start with P924 and the lot numbers start with D or E. Both numbers can be found on the lower rear area of the seats. There is a white label with the name of the company on it. The model name, Dash X, is on the rear of the child seat, engraved near its top.
The child bicycle seats were manufactured in Portugal and imported into Oregon. The seats were sold at numerous bicycle retailers and stores across the country, as well as online at REI.com, Burley.com, Amazon.com, and more. The bicycle seats were in distribution from April 2020 through July 2020 and could be bought for roughly $190.
To date, there have been no reports of the bicycle seats breaking. The company recommends that all consumers stop using the bicycle seat and contact the company to receive a replacement. The company is also informing customers on how to dispose of the car seats.
Injuries from Defective Child bicycle seats
Devices and equipment that are used to protect or transport children must not be defective, broken, or poorly designed. Children can be hurt quite easily if there is anything wrong with these items, and the child bicycle seats are perfect examples. If a child bicycle seats breaks, the seat will fall from the bicycle, leading to the child being helpless in an accident. This can lead to tragic consequences if the accident occurs in traffic. Some examples of injuries include:
Traumatic brain injuries
Closed head injuries
Internal organ damage
If your child has been injured because of a defective child bicycle seat, you should pursue legal action against Burley for compensation.
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How to Sue Burley for Your Child’s Injuries
Suing Burley for injuries to your child due to a defective bicycle seat requires that you prove that the company acted negligently. The company should have made sure that the bicycle seats were not liable to break or were strong enough to hold the weight of various infants. They may not have done adequate testing beforehand, or the company may have authorized the use of poor materials.
The company can be sued if there was a design error with the item, if there was a manufacturing error with the item, or if there were no hazard signs on the item or its packaging. There was likely a manufacturing error that caused the bicycle seats to be faulty in some way, as these types of seats have been used for years and have patents and designs that have been proven to work.
You will need to provide evidence of the injuries your child suffered. The first thing you should do is take your child to the doctor or to the hospital to get treated for any damages. If there were no injuries, you won’t be able to file a product liability claim. You can ask the doctor to provide you with his statement, request a copy of the medical report and chart, get copies of medical receipts, acquire copies of test results and X-rays, and more.
It is important that you do not wait too long to take your child to get medical treatment. A long time between the injury and the treatment can indicate that the injuries were not that serious, which can be harmful to the claim. Additionally, the injuries may actually worsen over time, and the child’s health can be compromised.
You should take pictures of the defective bicycle seat, the injuries your child suffered, and more.
You can produce receipts, credit card or bank statements, and proof of purchase documents to show that you legally bought the car seat and bicycle seat. If you did not purchase the item, it may be hard to win a settlement.
It is very important that you hold on to the child bicycle seat and do not tamper with it in any way. Do not try to fix it yourself or take it to a store to be repaired. Do not throw it away or return it to the store. If you get rid of it or mess with it, the evidence will be compromised. The company can claim that you clearly caused the issue in the first place if you began to tinker with it. If you do not have it in your possession anymore, then it will be extremely difficult to prove that it was defective.
You may have had eyewitnesses nearby who saw the bicycle seat break and who witnessed the incident. You can ask them for their statements and testimonies to add to your claim. If numerous parties also had the bicycle seats and their children suffered injuries when they broke, you could join a class action lawsuit against the company. The total evidence from all the plaintiffs will be used to show that there were defects, but the sum settlement will be distributed amongst all of the plaintiffs.
All of this evidence and these steps can be overwhelming in the aftermath of an accident. You may not know how to balance taking care of your child with taking legal action. For this reason, we recommend hiring a skilled lawyer with experience in product liability claims. We will work on your case for you while you tend to your child, and we will not stop until we secure you fair compensation.
Statute of Limitations for a Product Liability Claim
The deadline to file a product liability claim in California is two years from the date of the injury. Failure to file a claim within this time period will make your lawsuit void and you won’t be eligible to collect any compensation. The statute of limitations allows both parties ample time to build their cases, but it is recommended that you act quickly – your evidence will be better preserved.
There are a few ways in which the statute of limitations can be pushed past the 2 year deadline. This is possible if the victim is under the age of 18 – he can wait until he turns legal age to sue. However, if the parent choose to sue on the child’s behalf, the statute will remain the same. Additionally, some individuals may be incapacitated after the incident, which can delay the statute as well. The defendant also should be present in California – if he isn’t, the statute of limitations will be on hold until he returns.
Not enough individuals are aware that the statute of limitations exists or that it runs out after 2 years. The primary reason many claims are lost is because the individual does not act quickly enough. If you come to our firm, we will ensure that your case is filed on deadline and that there is no chance of anything being missed.
Compensation from a Lawsuit against Burley
You could potentially earn a fair amount of compensation to cover the numerous damages if your child were hurt in an accident involving the defective child bicycle seats. The value of your claim will largely depend on the injuries your child suffered and other circumstances. We will strive to win you the following damages:
Medical bills and expenses from the past and future
Reimbursement of lost income and future missed wages, like bonuses, commission, tips, salary, and more
Replacement or payment for broken property, like the cost of the bicycle or seat
Pain and suffering damages for emotional traumas
Wrongful death damages if your child died due to the incident
We will not give up on your claim until we are satisfied that we have won you every penny you deserve.
Let Our Firm Help
Our team of expert product liability attorneys at the Downtown LA Law Group is here to help you. We have handled numerous product liability claims over the years and we are professionals in the field, having secured millions of dollars for our clients. We know the best tactics and methods to win your claim and will always keep you updated on the progress.
For a free legal consultation, call today. We are available around the clock and can answer all of your questions. Further, if you wish to hire us, we’ll grant you our zero fee guarantee. We won’t get paid unless and until we win, and the settlement will provide our expenses. If we lose, you owe us no money whatsoever.
Get in touch with the Downtown LA Law Group today to sue Burley if your child was hurt to a defective child bicycle seat.
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