A number of productss by Delta Enterprise Corp. were recalled on January 29, 2020, for their potential hazards to infants. The products were as follows:
- Beautyrest Beginnings Incline Sleeper with Adjustable Feeding Position for Newborns
- Disney Baby Minnie Mouse Incline Sleeper with Adjustable Feeding Position for Newborns
- Delta Children Deluxe 3-in-1 Activity Rocker, Feeder and Sleeper
- Simmons Kids Beautyrest Deluxe 3-in-1 Activity Rocker, Feeder, and Sleeper
- 3-in-1 Activity Rocker, Feeder and Incline Sleeper
Roughly 5,900 of the units were recalled due to errors in design that could cause children to roll over and potentially suffocate.The products are all inclined sleepers and have manual rocking features and feeding positions. The infants can be rocked to sleep or to comfort them and the sleepers can be propped up to allow the parents to adequately and safely feed them. The model numbers are:
The model numbers can be found on the frame and label of the sleeper. The items were manufactured in China and imported into New York. They were sold across the country and online at stores like Amazon.com, Kmart, ToysRUs.com, and others. They were sold from January 2017 through December 2018 and cost around $50.
There have been no specific injuries or incidents reported from parents who own the sleepers, but it is still recommended that all users refrain from keeping their children in the products. Parents have the option to seek either a voucher or a cash refund from Delta Enterprises Corp.
Injuries and Deaths from Defective Sleepers
Defective incline sleepers are risky. If infants are placed in them and not constantly observed, the babies can actually roll over onto their sides or stomachs. It is crucial that you always lay your child down on its back so that his airways are never obstructed. If a baby rolls over, it may press its face into the blanket or into the fabric of the sleeper and end up suffocating.
It does not take long for such a catastrophic incident to occur. Suffocation can occur in only a few minutes, and if you do not catch your child, he or she could pass away. Even if the brain is cut off from receiving oxygen for a few minutes, there could be extreme injuries and damages. Brain damage and developmental issues can arise, and your child may need lifelong treatment.
How to File a Product Liability Lawsuit against Delta Enterprises Corp.
In order to sue Delta Enterprises for a defective product, you will need to show that they made some kind of error with the sleeper. This can be proven in one of three ways:
- There was a design flaw with the product that should have been caught when it was being created or conceptualized, but the design team green-lit the idea and allowed it to enter the production phase
- There was a manufacturing error with the product that came about from the manufacturing company using the wrong materials, or from a malfunction with the machinery
- There were no hazard signs or warnings present on the item or on its packaging
The incline sleepers were not likely manufactured poorly or wrongly at all. They functioned like every other sleeper and did not collapse or break. However, the design of the sleepers was problematic. They may have been too big or had padded fabric that would not make it hard for a child to suffocate. The overall design should be reevaluated.
Armed with that knowledge, though, you can file a claim against Delta Enterprises. We recommend taking these steps to ensure that your claim is a success:
It is important that you bring your child to the doctor for treatment if he or she did not pass away. Suffocation or loss of oxygen to the brain can lead to various medical issues, and you will need to produce evidence of the treatment. Your baby’s health is the most important priority. Be sure to hold on to copies of medical receipts, doctor’s notes, test results, and more.
You should not get rid of the incline sleeper or try to fix it. Similarly, you should not pursue a refund or a replacement. The sleeper should be left exactly as it is and you should not tamper with it in any way. If you do, you may face the company saying that you were the root cause of the problem.
If there were any witnesses who saw the incident happen or who can testify to being nearby, you should add their statements to the claim. It will benefit you if you have additional perspectives supporting you besides your own. Additionally, you may be able to find other parents whose children suffered injuries because of the sleepers. If this is the case, you could join a class action lawsuit for your claim, which will allow you to put all of your evidence together to sue Delta Enterprises. Although this present a stronger case overall, it runs the risk of paying out small percentages of the settlement to the group as a whole, since the compensation will be equally distributed among everyone.
If you are able to procure any proof of purchase documents, receipts, or bank statements showing that you bought the sleeper, you should add them to your evidence package.
It is then very important that you find a lawyer with experience in product liability claims. If you do not move forward without an attorney, you will not have as much success. The insurance agent may simply throw your claim out or make you a small offer. Our lawyers are built to fight for you from start to finish, and we will ensure that your case is appropriately handled. We won’t give up until we are satisfied with the result.
Compensation from a Defective Incline Sleeper
It is possible for you as a parent to receive ample compensation if an incline sleeper does not work properly. Your child may have suffered various injuries or even passed away, which could prompt you to pursue a wrongful death lawsuit. This claim will allow you to receive numerous kinds of restitution, including the following:
- Funeral and burial fees
- Service expenses
- Pre-death medical bills
- Pre-death pain and suffering damages
- Any lost income you accrued due to missing work
You can also sue for the cost of the item and your personal pain and suffering. This will allow you to receive a fair settlement from the company. We will do everything in our power to ensure that you receive the maximum compensation from Delta Enterprises Corp.
Deadline to File a Product Liability Claim against Delta Enterprises Corp.
In California, you have a deadline of 2 years from the date of the injury to take legal action. If you do not take any legal action in this time period, you will not be able to secure a single dime of restitution. You must act quickly so your case is available and so your evidence is preserved. Too often, individuals fail to file lawsuits and are not aware of the exact statute of limitations for their claims. This leads to many families missing out on compensation they deserve.
If you need assistance from an attorney to determine how much time remains on your case, feel free to contact our law firm today.
Our law firm, the Downtown LA Law Group, is one of the most successful firms that handles product liability lawsuits in Los Angeles. We have a history of winning such claims and we know the best tactics and methods to wrestle a fair and worthwhile settlement from the insurance company. We know how troubling it can be to deal with any injuries to your child, and we aim to bring you every penny of restitution that you deserve. If you need our aggressive lawyers to fight for your rights and sue Delta Enterprises, we will work on your behalf.
Call us today to set up a free legal consultation to discuss your claim. We will tell you how the legal process works, what kind of evidence we will use, the value of your claim, and more. If you want us to represent you, we will also give you our zero fee guarantee. You will not have to pay a dime for our services – we only get paid if we win, and if we lose, we take nothing at all. Your personal expenses and finances will never be touched for the lawsuit.
To file a product liability lawsuit against Delta Enterprises Corp. for injures your child suffered from an incline sleeper, get in touch with the Downtown LA Law Group today.