On January 29th, 2020, Evenflo issued a recall for its Pillo Portable Nappers. These sleepers were recalled because of malfunctions with the design, which allowed infants to roll over and suffocate. 3,100 of the units were recalled.
The nappers are padded and inclined, allowing parents to keep an eye on the children. They are largely grey in color. The model number for the sleeper is 1213125, and it can be found on a label on the leg of the sleeper.
The items were sold at various stores that stocked juvenile and infant products, like Target, Kohl’s, Buy Buy Baby, Amazon.com, JC Penney, and Walmart. They were sold for about $75 from May 2017 through January 2020. They were imported by Evenflo into Ohio from China.
Although no injuries or deaths of children have been reported, it is still crucial that parents immediately stop using the sleeper. They can contact the company for a voucher for a different product or a cash refund.
Defective Sleeper Issues
Baby sleepers are generally safe, but there are some designs and products that pose risks to children. Infants are not nearly as adept at preventing themselves from getting hurt as older children are, and one wrong movement by a baby can be catastrophic. The same is true of infants in sleepers, which are usually filled with blankets of some kind. If the child rolls over onto its side or stomach, it can get caught in the blanket or press its face into the fabric, resulting in suffocation. It may not even be able to roll back over to save itself.
It is always highly recommended that parents keep an extremely close eye on their babies, given that the infants are unpredictable. However, long nights and stressful days means that the parents often seek a few minutes of rest from time to time, namely when their children are in the sleepers. Babies should be safe while in incline sleepers, and the fact that they aren’t is a crucial design flaw that must be fixed.
Product Liability Information
Product liability claims require that you prove that the company was negligent in some way. Claims filed due to negligence must show that you were owed a duty of care that was breached, and you were then injured from the incident. Product liability claims are slightly different. They require any of the three scenarios to be true:
- There was a design flaw with the product that was not caught when it was being created
- There was a manufacturing error with the item that arose when it was being crafted or made
- There were no hazard signs or symbols on the item or the item’s packaging
The sleepers likely had a design flaw that was not addressed. Because babies can roll onto their sides or on their stomachs, they can suffocate, so the sleepers should either prevent that or make it difficult. The items were likely not made wrong or with the wrong materials, and most units have warnings somewhere on them or on the product information.
To file a product liability lawsuit against Evenflo, you should follow these steps:
First, you need to take your child to the doctor if you notice that they had difficulty breathing or stopped breathing altogether. You should hold on to any receipts from the hospital, ambulatory transportation transcripts, doctor’s notes, test results, ad more. This will allow you to prove that you sought appropriate medical treatment. Do not hesitate to go to the doctor – the life of your child is extremely important, and the insurance company may simply take no responsibility or believe that the injury or death happened in another situation or due to another reason. They will not want to pay out such a claim.
Next it is important that you do not get rid of the sleeper. Do not return it to the store, pursue a refund, or try to fix it. Keep it exactly as it is so that the company cannot claim that you were the one who actually damaged it.
If there were any eyewitnesses who saw the incident occur or who can testify on your behalf, you should add their statements to your claim. You may also be able to talk with other parents who had the sleepers for their children, and if injuries occurred, you could create or join a class action lawsuit. This will allow you all to pool your evidence and collectively fight the company. However, the ensuing settlement will be split numerous ways.
You will need to produce any receipts or documents showing that you purchased the sleeper. You can also show your bank statement or any proof of purchase emails.
Finally, you should look for a product liability lawyer who can help you sue Evenflo for the injuries to your baby. If you have never taken any legal action, you will be at a disadvantage. Our lawyers can fight for your case while you focus on other more important aspects of life.
Defective Evenflo Sleeper Lawsuit Compensation
If your child has passed away or suffered injuries due to problems with an Evenflo sleeper, you should take legal action. You can secure various types of payment from the company for your damages and losses. Our team of attorneys will strive to win you every penny you deserve, including the following:
- Pre-death medical bills
- Pre-death pain and suffering
- Funeral and burial expenses
- Loss of love and emotional suffering
We will also make sure that your personal damages are covered. You may have needed to stay away from work for a while and you very likely suffered a slew of psychological issues. This pain and suffering and lost income can be reimbursed. You should not expect to receive nothing from the company if the product was the direct cause of your baby’s loss of life. It is only right that you are adequately compensated in whatever way possible.
Statute of Limitations on Product Liability Lawsuits
California’s statute of limitations on product liability claims is 2 years from the date of the injury, just like it is for all personal injury claims. This statute of limitations is in place so that both parties can gather evidence without one side gaining a noticeable or unfair advantage. It will allow you to secure your evidence and sue in a proper time limit.
If you fail to sue in that time period, you won’t be able to collect any compensation once the window closes. You should always act quickly and not run the risk of potentially missing out on what you deserve. Many claims fail or simply do not get filed because the plaintiffs do not know the statute of limitations or forget about its actual length. Our attorneys will make sure that your case is filed by its deadline and that there is no risk of you missing out on compensation.
How We Help You
Our team of product liability lawyers at the Downtown LA Law Group can ensure that your claim against Evenflo is a success. We know how traumatizing it can be to lose a child or to watch your infant suffer injuries, and we plan to win you every penny you deserve. We are known for our aggressive tactics and for never giving up on claims. If we have to go to court to win your case, we are willing to take that step.
For a free legal consultation, call our law offices today. We will walk you through the legal process and help you determine the value of your claim. If you have any questions, feel free to ask us and we will give you the best answers we have. If you want to hire us to represent you, we will give you our zero fee guarantee. This means tht you won’t have to pay a single dime out of your own pocket for our services. We will cover all the costs of the case from start to finish, and if we win, our fees will be paid from a portion of the settlement we secure from Evenflo. If we lose, we take no payment at all, and you walk away with no debt to our firm.
To ensure that you win your lawsuit against Evenflo, contact the Downtown LA Law Group at [phonecall] today.