On July 23, 2019
, The Boppy Company issued a recall (19-171)
for their infant head and neck support accessories due to a suffocation hazard
. More specifically, the head support area in the accessory can be overstuffed, causing infants’ heads to be tilted too far forward (chin to chest)
. This poses a severe suffocation hazard.
According to the recall, approximately 14,000 units have been affected
. Two styles – Ebony Floral and Heathered Gray
– with model numbers 4150114 and 4150117
are included in the recall. The recalled products were sold a Buy Buy Baby, Target, juvenile products and discount stores nationwide and online at Amazon.com from March 2019 to May 2019; the products were sold for approximately $20 each
The recall states that there have been at least three separate reports
of infants’ heads being pushed forward chin to chest by the overstuffed product
; however, no injuries or deaths have been reported.
The recall suggests that all consumers with the recalled head and neck support accessories to immediately stop using the product and contact the company for a full refund
. Considering that there is no reported harm so far, it makes sense that the company would recommend this action. In fact, it makes perfect sense for consumers to simply get a refund for their inconvenience
Is it possible that there are unreported injuries? Unfortunately, infants can lose their lives. According to statistics from the CDC
, there were approximately 1,400 infant deaths due to SIDS, approximately 1,300 infant deaths due to unknown causes, and approximately 900 deaths due to accidental suffocation and strangulation in bed. Roughly 26% of infant deaths are caused by accidental suffocation and strangulation
. Because infants can simply die in their sleep, grieving parents often fail to make a direct connection between the death of their infant and any baby product that might have been defective.
Do you believe that your infant lost his or her life strictly because of the defective head and neck support accessory
? If your child suffered any type of harm as a direct result of the defective product
, you might have grounds to pursue a claim
and take action against the company that negligently made the product available for purchase. Depending on the details of the incident and how your infant and your entire family was affected, you might even have grounds to recover compensation. If you would like to explore the possibility of filing a claim against The Boppy Company
for the harm that your child suffered due to their defective head and neck support accessories, do not hesitate to seek legal assistance immediately.
If you would like to explore the possibility of pursuing a claim against
The Boppy Company or any other company that negligently made a defective product available for purchase, leading to the harm that your infant suffered, do not hesitate to seek legal assistance with the experts at Downtown L.A. Law Group today. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling a variety of claims, including defective product claims. When you allow our experts to handle your claim, you could be certain that our lawyers will provide you with all the information that you need to successfully pursue your claim against The Boppy Company
or any other company that caused the harm that your child suffered. Do not hesitate to contact our law firm as soon as possible.
Understanding the Severity of a Suffocation Risk
How hazardous is a risk of suffocation? Without a doubt, suffocation can cause death. Just a few minutes of suffocation could cause the death of an infant. However, suffocation is not exclusively associated with death. Survivors of suffocation could be left with permanent brain injuries. Even though the infant will survive, the permanent brain injuries suffered resulting from the suffocation will likely severely decrease his or her quality of life. Whether your infant lost his or her life or suffered permanent brain injuries as a result of the defective head and neck support accessory recalled by The Boppy Company, you will likely have grounds to take action and pursue a lawsuit. If you would like to learn more about the possibility of filing a claim after a defective product led to your infant’s suffocation, do not hesitate to contact our law firm as soon as possible.
Understanding Product Liability
All companies have a duty of care to their consumers. They have the duty to ensure that all their products are safe for consumer use prior to making them available for purchase. This means that they must constantly subject their products to inspections and tests to be able to identify any possible hazards that represent a significant risk to consumers. Companies must address all hazards prior to making their products available for purchase. By failing to identify and address hazards in their products, they are breaching their duty of care to consumers; they are also putting their consumers at risk of suffering harm. When the harm that their consumers suffer is a direct result of their breach of duty, companies could be held accountable for all the harm their consumers suffer.
In product liability cases, any defect in labeling, design, or manufacturing, could clearly make the consumer liable for the harm suffered. If you are certain that a product defect contributed to the harm that your infant suffered, do not hesitate to seek legal assistance as soon as possible.
Your Right to Take Legal Action
Do you have the right to take action against the company that negligently made a defective product available to you? If the harm that your baby and your entire family suffered is directly related to the defective product, you will likely have grounds to pursue a claim. What type of claim could you pursue? The answer to that question depends on the specific details of your claim. In general, claimants could take some of the following actions:
- File a product liability claim for the harm (such as permanent brain injuries) caused by the defective product
- File a wrongful death claim for the fatal harm suffered by the victim because of the defective product
- Participate in a class action lawsuit along with more victims of the defective product
What is the best option for pursuing a claim? If you are unsure of the type of claim that you should pursue, do not hesitate to seek legal assistance as soon as possible. Our experts are ready to evaluate your claim and help you take action against the company that contributed to the harm that you suffered.
What to do after being affected by a Defective Product
Unfortunately, many people lose their right to take action after being harmed by a defective product because they fail to take the appropriate actions. One of the most common mistakes that claimants make is following the suggestions laid out in the recall. The recall described above, for example, recommends that consumers contact the company for a full refund.
Many people do not know that accepting a refund is a form of compensation. If you receive a refund, you are essentially giving away your right to request any other form of compensation. Another mistake that people make is sending the defective product back to the company. The defective product is the most important piece of evidence in a product liability claim; therefore, returning the product, getting the product repaired, or tampering with the product in any way will significantly reduce the chances of being able to file a successful claim.
So, what should you do? What are the steps that you should take? The parties affected by defective products should always do the following:
Seek medical attention immediately (to confirm injuries or cause of death)
Contact the company to report the harm caused by the defective product
Stop using the defective product
Do not return the product to the company
Do not agree to a repair, a replacement, or a refund
Do not tamper with the defective product in any way
Gather all records, including medical records and purchase receipts
Seek legal assistance
If you would like to learn more about the specific steps that you should take as well as the things that you should avoid doing after being affected by a defective product, do not hesitate to seek legal assistance. When you seek legal assistance, you can be certain that you will have guidance every step of the way until you recover the compensation that you deserve.
Could You Recover Compensation?
You and your family were harmed by a defective product? You have the right to file a claim, but do you have the right to recover compensation? Your right to recover compensation depends on the specific details of your claim. In general, injury claims and wrongful death claims result in at least some sort of compensation. How much compensation could you receive? What type of compensation could you be eligible to recover?
Some of the compensation that is sometimes available for recovery includes the following:
Pain and suffering
Loss of consortium
Funeral and burial costs
Would you like to learn more about the specific type and amount of compensation that you might be eligible to receive? If so, it is important that you allow our knowledgeable defective product lawyers to evaluate your claim and help you understand the type and amount of compensation that you could recover. When you allow our trusted attorneys to handle your claim
, you can be certain that there will always be someone aggressively fighting for your right to recover the highest amount of compensation available for your claim. If you are ready to allow our skilled attorneys to handle your claim, contact us
The Statute of Limitations for Your Claim
Without a doubt, you have the right to file a claim and receive compensation; however, you could lose your right to take action against your employer if you do not file your claim within the appropriate length of time
. All claims are subject to a strict statute of limitations – a timeline that determines the length of time that claimants have to file their claims. If claims are not filed within the appropriate length of time, claimants will likely lose their right to sue.
What is the statute of limitations that applies to your claim?
In general, product liability claims are subject to a two-year statute of limitations, meaning that claimants will have two years to file their claims (in the state of California). However, specific details of your claim could affect the total length of time that you have to sue. Because of that, we always recommend that you discuss your claim with an expert and determine the timeline that applies to your claim before you unknowingly lose your right to sue. If you are ready to learn more about the deadline that could apply to your claim, do not hesitate to contact us
at your earliest convenience.
Contact Our Law Firm
Are you ready to learn more about your right to pursue a defective product claim for the harm that your innocent infant suffered due to the negligent actions of a company? If so, do not hesitate to contact our law firm as soon as possible – you could trust the experts at Downtown L.A. Law Group. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling a variety of claims, including product liability claims, and focusing on representing the rights of victims and their families. If you would like to allow our lawyers to handle your claim, do not hesitate to contact our firm.
You could benefit from our free legal services – which include free consultations
and free second opinions. Our free consultations and free second opinions ensure that our clients never have to worry about expensive fees to speak with our lawyers. During these free legal services, our lawyers will answer all your questions and address all your concerns – always doing everything within their reach to ensure that clients have access to all the information that they need reach successful claim outcomes. Would you like to benefit from our free consultations or our free second opinions? If so, do not hesitate to contact our law firm
Our free legal services are a part of our Zero-Fee guarantee
; this means that our clients will never be required to pay any upfront legal fees for any of our legal services. Our law firm is also strictly based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome; therefore, you will not be required to pay anything until you win your claim (if you do not win, you will not pay). If you would like to speak with our experts to learn more about filing a claim, do not hesitate to contact us