Infantino issued a recall on February 6, 2020, for its Go Forward 4-in-1 Evolved Ergonomic carriers, Flip Front2back carriers, and Up Close Newborn carriers. The reason for the recall is due to the buckles that are on the carrier; they are faulty and can break, causing potential injuries to dropped infants and to parents who suddenly fall. Roughly 14,000 of the items were recalled.
The soft infant carriers are cotton and have a padded pouch on the front. They are meant to keep newborns safe and affixed to the front of the body while allowing parents to use their hands. The carriers are black or grey with black straps. There are four different products that were recalled, and they can be identified by the lot codes provided below. The codes can be found on the label that is sewn on the interior of the carriers.
- Go Forward 4-in-1 Evolved Ergonomic Carrier: 2018 0619
- Go Forward 4-in-1 Evolved Ergonomic Carrier: 2018 0719
- Flip Front2back Carrier: 2018 0719
- Up Close Newborn Carrier: 2018 0719
The items were manufactured in China and imported into San Diego, California, by Infantino. They cost between $30 and $50 and were sold at Target and similar stores, as well as online at Amazon.com and other e-tailers.
There have been no incidents that occurred from the straps on the carriers breaking. However, the company still recommends that parents refrain from using the carriers and instead trade it in for a free replacement carrier.
Injuries from Defective Infant Carriers
Infant carriers are designed so that parents can use their hands and do not need to hold a child with one or both arms while doing tasks or traveling. This generally is safer for both the parents and the child, as there is a less likely chance that the baby will fall. However, these carriers must be adequately designed and supported. If they are not, straps can rip and harnesses can break.
If a strap breaks while an infant is in a carrier, two issues can happen to both the parent and the child. The parent will suddenly be off-balance and may reactively try to regain it, leading to mistaken injuries to the child or actually disconnecting the carrier. The infant, on the other hand, will fall from the carrier and land on the ground. The baby could be seriously injured if the strap breaks while the parent is ascending or descending steps or stairs, walking near water, near vehicles, and more.
Some of the injuries that both parents and infants can suffer include:
- Broken bones
- Ankle damage
- Closed head injuries
- Nerve damage
- Muscle damage
- Neck and back injuries
- Spinal cord and disc injuries
Some accidents can be even more devastating for infants compared to those for parents. A baby’s head accounts for most of its mass, and that’s where children will fall if they get upended or if they slip out of a carrier. It is more common for babies to suffer head injuries and other damages because adults will usually be able to break their fall or grab onto something. Infants are not as developed and do not have the awareness to prevent serious injuries.
Steps to Take to Sue Infantino
Suing a company for a defective product can be tricky if you do not know what you are doing. Product liability lawsuits are personal injury claims, which means that you are suing based on the negligence of another party. Product liability lawsuits require at least one of these three points to be true:
- There was a design error with the item
- There was a manufacturing error with the item
- There were no hazard signs or warning labels on the item or its packaging
The carriers were most likely designed properly because of a blueprint or some kind of trademark. There are regulations that must be met and followed. The company has released similar products in the past, so it is more likely that there was a manufacturing error. When straps or latches break, it indicates that the material was weak, old, or wrong, or that the item was assembled poorly. There could have been an error with a machine, for instance, that did not properly sew the straps to the rest of the carrier. It is also possible that the cloth was worn out already or the plant did not use what was recommended.
You should then gather the necessary evidence to sue Infantino. We recommend following these steps:
First, go to the doctor to treat your injuries or get your child’s injuries treated. Do not take too long to visit a medical center; a delay can worsen your health, but it can also negatively impact your claim. An insurance agent will expect you to get treatment as soon as you are injured, and if you don’t, he will be more likely to deny your claim. Be sure to hold on to all medical receipts, pictures of injuries, prescriptions, MRI and X-ray results, and more from the hospital.
If there were any eyewitnesses who saw the accident happen, you can request their testimonies for your claim. Statements from other individuals will bolster your lawsuit. There is also the chance that you could pursue a class action lawsuit. This involves numerous plaintiffs who were also injured in similar ways because of the defect with the carrier; the total collection of evidence can be submitted and used to wrest a settlement from the company. However, the total compensation will be split among the plaintiffs, so you may not earn as much as you would in solo claim.
You will need to keep the carrier as evidence, so do not throw it away, repair it, try to fix it yourself, or return it. If you do anything to compromise it, the company can deny the defect was present, and you will lose your most crucial piece of evidence. Further, do not pursue a refund from the company or they will say that you were already compensated.
Lastly, you should get the help of a skilled product liability lawyer. We can ensure that all your evidence is submitted on time and that your demand letter is adequate and accurate. We will have expert witnesses ready to testify on your behalf and will work relentlessly for your fair damages. If you have no legal experience, it is wise to hire an expert attorney – you can focus on healing from your injuries while we sue Infantino.
Compensation from Infantino Defective Infant Carrier Lawsuit
The value of your lawsuit will be determined by an insurance agent handling the claim. He will look over the factors in your case, such as the extent of the injuries suffered to you and your child and how liable you were for the incident, and make an offer from there. We will negotiate a fair deal on your behalf to ensure that you are not given a low settlement. We will pursue coverage for the following:
- Medical expenses for surgery, hospitalization, medication, physical therapy, future treatments, and more
- Property damage for your lost belongings
- Lost income from the time you could not return to work due to injuries or recovery
- Pain and suffering damages for fear, anxiety, emotional scarring, and more
We know how difficult it can be to win compensation by yourself, and we plan to do everything in our power to emerge victorious with your case.
Product Liability Lawsuit Statute of Limitations
California has a 2-year statute of limitations on product liability lawsuits. This means that you cannot sue more than 2 years after the incident takes place. Your claim will be thrown out if you do not take action within that time period. The sooner you act, the more likely it is that your evidence will be preserved and not lost.
There are situations in which the statute of limitations can be extended past the 2-year deadline. This may happen when the victim is under the age of 18 years old or when the victim is left incapacitated. In both cases, the statute will resume when the victim turns legal age or returns to functionality.
Too often, victims fail to file lawsuits by the time their statutes of limitations run out. If you hire us, we’ll be able to get your documents in well ahead of schedule. There will be no risk of missing the statute of limitations when working with our firm.
The Best Firm in Town
The Downtown LA Law Group is one of the most accomplished law firms in town when it comes to winning product liability lawsuits. We have a history of success and know the best way to win your claim. Our attorneys will aggressively pursue your rightful settlement and will not stop until we are satisfied.
Call us today for a free legal consultation to discuss your claim. All consultations are private, so none of your personal information will be shared elsewhere. If you have any questions or concerns, we will answer them. We will also give you our zero fee guarantee if you hire us – you will pay no out of pocket expenses for our services, win or lose. We get paid by the company if we win a settlement, and if we lose, we get paid nothing at all.
Don’t hesitate to call (888) 649-7166
today if you wish to sue Infantino for injuries from a defective infant carrier.