On January 29, 2020, Summer Infant issued a recall for its SwaddleMe By Your Bed Inclined Sleepers. These sleepers were recalled because they were poorly designed and could easily allow a sleeping infant to roll onto its stomach or side and subsequently suffocate. Roughly 46,300 of the units were involved in the recall.
The sleepers consist of two standing legs and a single supporting bar between them. The hammock is made of mesh fabric and is very pliable and giving. The sleepers have the model number 91394 and can be found on the crossbar between the legs.
All the items were manufactured in China and imported into Rhode Island by Summer Infant Inc. They were sold at various retail stores in the juvenile or child care section for about $99. They could be found at Amazon and Buy Buy Baby, amongst others, from March 2017 through December 2019.
The company recommends refraining from using the sleepers at all. There have been no injuries reported, but users can still receive a voucher or cash refund to purchase a new sleeper. Parents should contact Summer Infant for more information.
Problems with Inclined Sleepers
One of the main issues with inclined sleepers made from Summer Infant is that they do not fully protect the baby from its own movements. Babies are generally unpredictable and fidgety, and they can easily wiggle their way into troublesome or problematic situations. They may not be strong enough to push themselves up and they may not be able to roll themselves to a safer position after being in a dangerous one. The inclined sleepers are very pliant, so a baby that moves a lot will likely roll over because of gravity and no solid bottom. The lack of solidness means that a baby may very well turn slightly only to suddenly be on its stomach.
Babies that roll onto their stomachs or sides have an increased risk of suffocation. There are generally blankets and other fabrics in the sleepers and a baby may turn his head and get wrapped up in one. He may also press his face into the fabric and be unable to extract himself.
Infants who roll over may die from suffocation or may suffer different kinds of injuries, like brain damage and developmental problems.
Steps to Take to Sue Summer Infant for Defective Sleepers
If you wish to sue Summer Infant for a defective sleeper, you will need to prove that the company was negligent. Negligence is the main factor in personal injury lawsuits, and product liability claims have distinct points that must be shown. These points are as follows:
- There was a design flaw with the item
- There was a manufacturing error with the product
- There were no hazard signs or warning symbols on the item or its packaging
With Summer Infant’s sleepers, there was likely an oversight during the design process that nobody caught or paid attention to. The fact that the babies can move so freely with next to no support indicates that the designers were negligent. The manufacturing company likely designed the sleepers to the specifications listed and did not use the wrong materials or assemble them wrongly. There are often hazard warnings on the product, such as do not leave a baby unattended, but the bigger problem with the sleepers is the design.
Filing a lawsuit against Summer Infant requires that you have ample evidence and proof on your side. You will need to do the following:
Bring your child to the doctor for medical treatment or call emergency services for treatment at your home. You will need proof o the treatment, medical receipts, doctor’s notes, medication, test results, and anything else to show the extent of the damage. Do not hesitate to bring your baby to the doctor at the first sign of trouble.
Next, get as many photos and videos as you can of the sleeper to show its level of defectiveness.
You should not return the sleeper, try to fix it, bring it to a place to be repaired, or throw it away. It is extremely important that you hold on to it throughout your claim. It is your primary piece of evidence, and if you do anything to tamper with it or get rid of it, you will lose the bulk of your argument. If you mess with it, the company can claim that you were the one that caused the issue, and there would be no way of proving that it wasn’t your fault.
If there are any eyewitnesses who saw the incident, you can ask them for their testimonies. You may also be able to join a class action lawsuit if numerous parents had children who were hurt because of the sleepers. This will allow you all to bring your collective evidence together and sue the company as one plaintiff. A mountain of proof will benefit the claim, but it will also mean that the ensuing settlement will be smaller per person.
You can produce all receipts and proof of purchase documents to show that you bought the sleeper. You may have credit card statements showing the exchange, as well.
Lastly, you will need to find a lawyer who can represent you in a product liability lawsuit. You very likely don’t have adequate legal experience; you may not have ever filed even an accident claim. Without proper knowledge and representation, your claim may fizzle or be rejected. The insurance agent will not consider you a viable threat and will not pay attention to your claim. Our attorneys can gather your proof and write a demand letter, and we will constantly ensure that the insurance agent is evaluating your claim. We will negotiate a fair deal if we believe the offer is too low.
Deadline to File a Product Liability Claim against Summer Infant
If you wish to file a product liability lawsuit, you do not have an unlimited amount of time. California has a 2-year statute of limitations on personal injury claims and product liability cases, so you must act within that window or your lawsuit will be voided. It is wise to act quickly to adequately preserve your evidence and ensure that you do not potentially lose any key witnesses or documents.
Often, individuals fail to file their claims because they miss these deadlines. We will guarantee that all your necessary documents will be submitted on time.
Earnings from a Product Liability Claim
Product liability lawsuits can net you a fair amount of coverage for your damages. We will ensure that you are fairly covered and will work to secure you everything your family needs in the aftermath of the incident. We can bring you the following:
- Lost income
- Pain and suffering damages
- Wrongful death expenses
- Funeral and burial fees
- Pre-death medical bills
- Pre-death pain and suffering
You should not have to pay for any of these debts if you were involved in such a scenario because of Summer Infant’s negligence. We will do everything in our power to bring you ample coverage.
Why Choose Us
The Downtown LA Law Group can help you file your product liability lawsuit and win you the restitution you deserve. If your child were injured, you deserve the most experienced Los Angeles attorneys for your case. We will aggressively pursue every dime you need and will go to court if we have to. Our lawyers are among the most highly revered in the field and our reviews and success stories speak for themselves.
For a free legal consultation, don’t hesitate to call our law offices. We will walk you through the legal process, help you understand the value of your claim answer your questions and concerns, and more. you should not be left in the dark about how the lawsuit will work. we will also grant you our zero fee guarantee if you hire us to represent you. You won’t have to pay a dime of your own money throughout the case. We will cover the costs and we won’t have our expenses paid until and unless we win. The money will come from Summer Infant as part of the settlement. if we lose, we take nothing at all.
For the opportunity file a product liability lawsuit against Summer Infant for their defective SwaddleMe By Your Bed inclined sleepers, contact the Downtown LA Law Group today.