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You Can Still Sue After A Product Recall

On Behalf of | Apr 13, 2019 | Product Liability

Children are the most precious and vulnerable people in this world. They have no idea what is happening around them and are heavily dependent on adults and parents to raise them. Parents are trying their best. Between jobs, family, other children (if they have more than one), finances, and other drama, parents are just trying to juggle their lives while keeping their children protected and safe. It is no wonder that parents rely on products to help their children sleep so they can get some rest too. Sound machines are a popular item to have in a new baby’s bedroom to help them sleep. Another machine is the Fisher Price’s Rock n’ Play.

Death of 10 or More Babies

Our California defective product attorneys at Licata & Yeremenko, A Professional Law Corporation get it. As parents, you want to sleep. You want your child to feel safe and you want a product that a lot of people recommend. Fisher Price’s Rock n’ Play was that product for a lot of parents until the news that 10 infants died while playing or sleeping in the product. The Rock n’ Play’s reputation was set as a product that helps fussy babies or babies with reflux problems go to sleep. What parent wouldn’t buy a product to help their baby sleep? Sleep is not only vital to the development of an infant’s brain and body, but it gives parents a much-needed break too. However, if babies are left in the product without supervision they may roll onto their stomach or side causing suffocation and ultimately death.

Those most vulnerable to suffocation were babies just over 3 months of age. Babies around the 3-month mark start to wiggle more and are capable of rolling over by themselves. After the death reports the company placed a recall to all costumes. After investigations, it was discovered that around 32 deaths were attributed to the product.

Recall Issues

Just because a recall was issued does not mean that the company cannot be held liable, In California, there are three reasons to file a defective product suit: manufacturing defect, design defect, and inadequate warning. If the company issued a recall they have to prove that you were aware of the recall when the injury occurred. If the company did share a recall you can not use it as evidence that the product was defective. Recalls don’t work that way. Instead, you have to prove that the recall notice did not get to you as it is the responsibility of the company to get the word out.

What To Do

If you or someone you love has been injured due to a defective product then you need to seek legal assistance immediately. Our California defective product lawyers at Licata & Yeremenko, A Professional Law Corporation can help you get the compensation you need. We know we can’t erase what happened, but we can do what we can to bring justice to your side. Call 818-783-5757 or click here for a free consultation with our attorneys at Licata & Yeremenko, A Professional Law Corporation in California today.