The Dangers Associated with the Recalled Baby Sleepers
After reports of infant deaths, nearly 5 million Fisher-Price Rock ’n Play Sleepers are recalledAccording to the information provided by the recall (described above), infants died after rolling onto their side or stomachs while on the sleepers. The infants died due to suffocation. According to statistics provided by the American Academy of Pediatrics, approximately 3,500 babies die every year (in the U.S.) due to unsafe sleeping environments which can cause suffocation, for example. It takes just a few moments for suffocation to be fatal. However, not all babies lose their lives – especially if their parents or caretakers are quick to respond to the suffocating infant. Although some infants can survive suffocation without suffering any additional harm, most incidents of suffocation lead to permanent brain damage. Even though the baby might survive, his or her quality of life will likely be severely impaired due to the permanent brain damage. If your baby lost his/her life or suffered permanent brain damage due to an incident on the recalled baby sleepers, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.
The announcement comes after an investigation by Consumer Reports indicated that 32 deaths were tied to the rockers. The report came following a CPSC warning last week that tied 10 fatalities to the rockers. The CPSC previously recommended consumers stop using the product by three months of age, or as soon as an infant exhibits rollover capabilities.
Liability for Harm Caused by Defective ProductsCompanies have the duty to ensure that all their products are safe for use prior to making them available for purchase. When you purchased the baby sleeper, you likely believed that it was safe to put your baby to sleep on it. After all, why would a company design and manufacture a product that could be unsafe? Why would a baby product be dangerous? As parents, we want to keep our defenseless infants safe, and we wouldn’t use these sleepers if we were aware that they could be so dangerous. Where does liability come into play? When is Fisher-Price liable for the harm caused by their baby sleepers? Fisher-Price sold the baby sleepers in question since 2009. Over the years, there were a number of incidents involving baby sleepers and infant deaths. Fisher-Price had more than enough time to identify and address the dangers in their sleepers. Without a doubt, it is possible that Fisher-Price faces liability for the damages caused by their hazardous products. If you would like to learn more about the company’s liability for the harm suffered by your baby and your family, do not hesitate to seek legal assistance with the experts at Downtown L.A. Law Group as soon as possible.
What Could You Do?Without a doubt, you have the right to take action against the party liable for the harm that your baby and the rest of your family suffered. If the incident with the Fisher-Price sleeper resulted in the death of your baby, you will likely have grounds to pursue a wrongful death claim. Wrongful death occurs when the negligent actions of a party or entity result in the death of a victim. As a parent of the deceased child, you have the right to pursue a wrongful death claim. Can you still pursue a claim even if your baby did not die? If your child did not lose his or her life, you could still pursue a claim. If you baby sustained permanent brain injury due to the suffocation, for example, you will likely have grounds to pursue a product liability claim. When defective products cause injuries, the affected parties could pursue product liability (defective product) claims. If your infant suffered any type of harm as a direct result of the Fisher-Price sleepers, you likely have grounds to take legal action and receive compensation. If you would like to learn more about your right to pursue a claim against Fisher-Price, do not hesitate to contact our law firm as soon as possible. The knowledgeable attorneys at Downtown L.A. Law Group are ready to provide you with all the information that you need to file a claim for the harm your infant suffered.
Your Right to be CompensatedIf your baby lost his or her life as a direct result of the defective Fisher-Price sleepers, you could pursue a claim; depending on the specific details of your claim, you could also recover compensation. There is no amount of compensation that could fill the void left by the sudden death of your child; however, recovering compensation could help you and your family move forward with your life. Without a doubt, all claims are different – resulting in different compensation being available for recovery. Some of the types of compensation available for the parties affected by the Fisher-Price baby sleepers might include the following:
- Medical expenses: compensation for all the expenses incurred as a direct result of the dangerous baby sleeper. This could include the medical expenses resulting in any care prior to the infant’s death. This could also include all past and future expenses if the infant did not die but still suffered harm.
- Pain and suffering: compensation for the emotional/mental pain and suffering resulting from either the death of the infant or the incident that left the infant permanently harmed.
- Loss of consortium: compensation for the loss of the ability to have a normal family relationship with the victim.
- Funeral and burial expenses: compensation for all the costs associated with the death of the infant.
- Punitive damages: compensation awarded to punish the defendant.
Consider these Recommended Steps to FollowWhat should you do after your infant was harmed by a sleeper? Without a doubt, the action that you take can affect the possibility of pursuing a claim at a later time. Regardless of the specific outcome of the incident with the sleeper (death or other harm), you should do the following:
- Seek medical evaluation. It must be clear that the harm suffered (including death) was caused by the sleeper.
- Contact the company to report the incident. You will need to contact Fisher-Price to report the incident that harmed your child. You should avoid providing them with any information that they might try to use against you.
- Do not agree to a refund. The company might offer to provide you with a refund for what you paid for the sleeper. It is important that you refuse any offers that you receive – the life of your child is worth more than the value of the sleeper.
- Do not send the product back to the company. Fisher-Price might ask you to send them the baby sleeper. It is important that you do not do this as the sleeper will be one of the main pieces of evidence for your claim.
- Seek legal assistance. You will need to seek legal assistance with an experienced attorney as soon as possible. Your attorney will provide you with the guidance necessary to file a successful claim against Fisher-Price.