On January 29, 2020, Graco issued a recall for its Little Lounger Rocking Seats. The company recalled the item because of suffocation hazards with infants and babies who are sleeping in the products. Around 111,000 of the items were recalled.
The Little Lounger Rocking Seat consists of a rocking seat and a vibrating lounge seat. They are mostly grey in color and may have an arch with two stars or other objects dangling from above to occupy a baby. The model numbers can be found on the leg of the sleeper. The model numbers are as follows:
All of the models save for 1922809 can be inclined into numerous positions and angles.
The sleepers were manufactured in China and imported by Graco Children’s Products in Georgia. They were sold at Babies R Us, Target, and various other retail outlets and websites for about five years, from 2013 through 2018. They cost about $80.
Although no reports of injuries or fatalities have come out regarding the rocking seats, it is still recommended that parents refrain from using them and instead pursue a return for a cash refund or a voucher for another product from the company.
Injuries and Dangers for Sleeping Infants
Sleepers and rocking seats like Graco’s products can be dangerous for babies. Babies should be sure to sleep on their backs so that they do not present a higher risk for suffocation. However, many babies fidget in their sleep or in the middle of the night. If a baby rolls over, he could press his face into a mass of blankets or into the fabric of the sleeper. This will cause suffocation and can happen in as little as 6 minutes.
Prolonged deprivation oxygen to the brain can do more than cause suffocation. Brain damage can occur, as can hypoxia, cognitive problems, developmental disorders, and more. A parent may not immediately detect that a baby is at risk, but should be aware that infants should not sleep on their stomachs or on their sides. The sleepers do not make it difficult for the babies to change positions, which is a flaw in the item.
How to File a Product Liability Claim against Graco
To file a product liability claim, you will need to prove that a company was negligent and acted wrongly. There are three different points or proofs that you can use to hold the company accountable. They are as follows:
- There was a design flaw with the product that was not caught before it was sent off to be manufactured
- There was a manufacturing error with the product that happened during the creation process
- There were no hazard signs or warning symbols on the product or the item’s packaging
These baby sleepers likely do not have manufacturing errors; the company probably sent off an item that had a bad design. The fact that children can easily turn over and potentially suffocate is a flaw in the design process that was not caught by any of the designers, and was not caused by a failure of the machinery or an error in selecting specific materials. There may also not have been appropriate warnings to watch your infant when it is is sleeping in the item, but regardless, there were bigger issues.
Once you have a solid grasp on the reason for the product liability lawsuit, you will need to collect evidence. This evidence should consist of anything physical and anything that can prove that the company sold a defective item, and that the defective item directly led to your infant’s injuries or passing. We believe you should follow these steps for success:
Take your child to the hospital for medical treatment or call an ambulance at once to get medical professionals on the scene. You can hold on to copies of any medical receipts, doctor’s notes, treatment results and test images, prescriptions, and more from the hospital. This will show that your child was seriously injured because of the sleeper.
Next, you will need photos of the sleeper or videos of it. You should also refrain from throwing it away, repairing it, taking it somewhere to be fixed, or returning it. You will need the sleeper as physical evidenced, and anything that alters or removes it will greatly damage your claim.
If there were any eyewitnesses available for your case, it is important that you request their statements and testimonies. They may have seen you put your infant in only for the child to effortlessly roll over and suffer injuries. You may also find other people whose children were similarly injured, which would allow you to enact a class action lawsuit against Graco. Your collective proof will be used to sue the company and receive a settlement that would be evenly distributed amongst all the families.
You will need any receipts, bank statements, and proof of purchase documents showing that you bought the item. Some people throw away their receipts, but you could potentially look far back in your transaction history if you used a credit or debit card and not cash.
Finally, it is important that you find a lawyer with experience in product liability lawsuits. If you try to move forward with the claim with no legal help, you run the risk of not winning anything. Insurance agents are quick to reject claims and ignore requests from regular people, so our lawyers will aggressively stay on top of your claim and make sure the agent is responding and evaluating all the evidence you should focus on your family while we handle the product liability lawsuit.
Compensation from a Product Liability Claim against Graco
If your child were hurt due to a defective Graco sleeper, you could pursue ample compensation from the company. You should not be expected to receive nothing or to pay for the numerous damages and expenses if your child was hurt or passed away. We will see to it that you win the following:
- Funeral and burial fees
- Pre-death medical bills
- Pre-death pain and suffering
- Your own emotional turmoil
- Lost income from work
It is our goal to ensure that you are fully covered. We won’t rest until we bring you every penny you deserve for your claim.
Statute of Limitations on Product Liability Claims
In California, the statute of limitations to file a product liability lawsuit is 2 years from the date of the injury. If you fail to file a claim in that period, you will not be able to receive compensation. It is extremely important that you collect your evidence quickly so that it does not get lost; if you wait too long, key proof will be corrupted or will be harder to utilize.
The main reason that lawsuits fail to get filed is due to the lack of awareness of the statute of limitations. Many individuals do not know how much time remains on their claims or they are unaware a deadline exists. If you come to our firm for assistance, we will ensure all your documents are submitted on time.
Our Firm and You
The Downtown LA Law Group has been at the forefront of product liability lawsuits for years. We have a history of success and do not ever give up on our clients. We dedicate ourselves to your claim and we make sure to keep your family safe. Any loss of life of a loved one is troubling and confusing, and we want to alleviate your suffering as much as we can with our expertise. Our lawyers will aggressively hunt for your deserved restitution, even going to court to defend your rights in front of a judge and jury.
For a free legal consultation on your claim, call our law offices today. We will go over the value of your case and answer all questions about the legal process. All consultations are completely confidential and you can reach us 24 hours a day, 7 days a week. We will also give you more details about our zero fee guarantee if you wish to hire us. This guarantee says that you won’t pay us any money unless and until we win your case, and the fees will actually come from the settlement won from Graco. If we lose, we do not bill you at all. Either way, your personal finances will never be touched.
To sue Graco Children’s Products for injuries to your child from a defective Little Lounger Rocking Seat, get in touch with the Downtown LA Law Group at (888) 649-7166 today.