Our attorneys cannot stress enough the importance of product safety. We have frequently discussed how imperative it is that manufacturers and sellers comply with product liability laws. This might be of the greatest importance though in regards to creating and selling safe children’s products. Children and babies are at an even greater risk than adults when exposed to danger and brought in harm’s way due to a dangerous product. Where adults may have some awareness of the situation and may be able to defend themselves from danger, children are completely innocent and have no reason to expect that they are in danger. In addition, with being so small and undeveloped, they are much more easily harmed than grown and strong adults.
Product safety in regards to children’s products has been in the spotlight in the news. According to a recent report by ABC, nearly 71,000 Britax brand infant car seats are being recalled. The U.S. Consumer Product Safety Commission recently announced this recall in wake of the knowledge of the great danger these defective seats pose. According to the CPSC, there have been over 74 reports of car seat handles breaking while in use. The handles have reported to easily develop fractures and cracks while they are used. These cases of broken handles have been so serious that they have caused infants to fall from their carrier to the ground. In one instance, an infant fell to the ground and suffered an injury to the head.
Our attorneys urge our readers to please take note of the models at issue in this recall. The car seats involved in this recall are the Britax B-Safe 35 and B-Safe 35 Elite infant car seats. Consumers are advised to immediately cease use of these car seats, and to especially not use them by the handle. Reports indicate that right now these seats are only safe to use when secured in a vehicle or stroller, but that they should never be used by the handle until further notice is relayed of repairs or new parts.
These specific models were manufactured between October 1, 2014 and July 1, 2015. These were sold from popular retailers like Target, Amazon, Babies R’Us, and buybuyBABY. As these are some of the most prevalent sellers of infant goods, this evidences how widespread this recall affects the public. To know if your car seat is one that poses dangers to your youngest loved one, you can find the model number and date of manufacture on the label located at the back of the seat’s shell.
Under product liability law, manufacturers have a legal duty to provide goods that are safe for use and free of danger. Under this duty they are required to inspect all products for dangers and defects, warn customers of known dangers, and remove dangerous products from the stream of commerce. Where manufacturers fail in this regard and injuries are suffered as a result of their failure, this is considered a breach of legal duty. In these instances, victims – or in the case of children, their parents or legal guardians – may file a product liability lawsuit to recover damages for injury and suffering.