Product liability lawsuits commonly involve products such as vehicles, cribs and other baby products, over-the-counter and prescription drugs, medical devices, medical equipment, tainted foods, household products, toys, appliances, and even fireworks.
How do products become dangerous? Some defective products are produced due to a manufacturing mistake, while others have design flaws that make them inherently prone to causing injury. In other cases, products may not have been advertised correctly or the company that made or sold the product did not properly warn users of foreseeable dangers or how to safely use their product.
If you or a loved one has been injured due to a defective or otherwise unsafe product, we urge you to call Rasansky | McKenzie Law and discuss the facts of your case with our attorneys (for free) at (214) 651-6100.
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If you’ve lost your infant due to using the Fisher-Price Rock ‘n Play sleeper, then get in touch with our experienced Product Liability lawyers today. Discuss your case with us and let us help you seek justice. Our lawyers will help you file your case and fight for your rights.
On April 12, Fisher-Price recalled its Rock ‘n Play Sleeper. Fisher-Price and Mattel (its parent company) recalled 4.7 million Rock ‘n Play sleepers from the market finally. This action was taken one week after a safety warning was issued by the US CPSC (Consumer Product Safety Commission) that ten infants died because of the Rock ‘n Play sleeper. Unfortunately, a few days later, a Consumer Report Investigation identified that Fisher-Price Rock ‘n Play sleeper led to not ten but over 30 infant deaths since it was introduced in 2009.
Before we get into the details on the reasons for the Fisher-Price Rock ‘n Play recall, let us first give you an overview about this unsafe product and how the marketing campaign misled parents into buying this product.
Fisher-Price Rock ‘n Play was sold as a freestanding seat and sleeper designed for infants weighing up to 25 pounds. The product featured a metal rocking and freestanding frame attached to rigid plastic backing with a removable fabric-covered seat cushion.
Parents who bought this product say the product was wrongly advertised and they were misled into buying it, which led to the unfortunate death of their little ones. Fisher-Price Rock ‘n Play was marketed to all the sleep-starved parents as a sleeping accommodation for lulling their fussy babies into peaceful slumber.
Apart from that, thousands of pictures of the product were posted on Fisher-Price’s Instagram page with babies snuggled in the cloth-covered cradle surrounded with toys and free of its harness, thereby depicting Rock ‘n Play was perfectly safe. Furthermore, the product also had tag lines and phrases such as ‘baby can sleep at a comfy incline all night long’, which further affirmed the Rock ‘n Play was safe and a great product for babies.
Class-Action Lawsuits against Fisher-Price Rock ‘n Play
After the Fisher-Price Rock ‘n Play recall, two class-action lawsuits have been filed against the company in the last few weeks as the product has been linked to more than 30 infant deaths. According to the US CPSC (Consumer Product Safety Commission), the fatalities occurred after the babies rolled from their backs onto their stomach or side when unrestrained.
The first class-action lawsuit has been filed by a couple from Delaware, which would potentially include claimants nationwide. However, the second one has been filed by a couple from New York, which would include claimants from within the state. Both lawsuits are seeking unspecified damages. The couples say the Fisher-Price Rock ‘n Play recall was too late to save the precious lives of innocent infants and prevent serious injuries to several babies.
Sadly, the company does not take responsibility for the deaths of the infants. Fisher-Price’s Rock ‘n Play recall only happened after the AAP (American Academy of Pediatrics) demanded the product to be recalled citing the analysis in Consumer Reports recorded deaths of over 30 infants during 2011 to 2018.
Fisher-Price vs. The American Academy of Pediatrics (AAP)
When Rock ‘n Play sleeper was initially advertised, the company claimed the product met all applicable safety standards, including those of ASTM International. Furthermore, they also claimed Rock ‘n Play was certified by the JPMA (Juvenile Products manufacturing Association). However, the AAP disagrees with their claims as the APP’s chair of Task Force on SIDS (Sudden Infant Death Syndrome) states Fisher-Price’s Rock ‘n Play sleeper fails to meet safety standards and does not provide a safe sleeping environment for babies. Furthermore, the AAP doesn’t recommend any inclined sleeping product available on the market for infants. In fact, the AAP states that babies should always sleep on their backs and on a firm and flat sleep surface without any bedding or bumpers for their safety.
Even though Fisher-Price recalled all the 4.7 million products they supplied to the market, the company is adamant and states the death of over 30 infants is not the fault of their product. They further state the deaths resulted because the sleeper was used contrary to safety instructions and warnings to buckle infants with the harness and avoid putting toys like stuffed animals in the sleeper. What’s interesting is this statement contradicts with the pictures posted on their Instagram.
Fisher-Price claims they included conspicuous and specific Rock ‘n Play sleeper usage instructions along with warnings to make sure parents and caregivers used the product correctly, but unfortunately this wasn’t the case.
The families who have lost their little ones due to the usage of this product disagree with Fisher-Price’s statements and say the design of the product altogether is faulty. Its defective design enables infants to move to positions where it becomes extremely difficult for them to breathe, thus resulting in deaths.
Let our attorneys pursue your product liability case and take legal action against Fisher-Price. Although no compensation or refund can make up for the loss or injuries suffered by your little one, it can help you get justice. Contact us today.
Frequently Asked Questions
What is product liability?
When a person is harmed because of an unsafe or defective item, they may suffer serious injuries and other long-term consequences. These types of injury claims are referred to as “product liability” claims. These claims are usually filed against a manufacturer and/or retailer whose negligence contributed to the injury.
What’s the deal with this massive airbag recall? Am I entitled to a free repair?
Takata, the company who produced the defective airbags specified in this massive recall, announced in May of 2015 that they are doubling the number of recalled vehicles in America from 18 million to nearly 34 million. This is by far the largest automobile recall in history, and one of the largest consumer product recalls ever issued.
According to the National Highway Traffic Safety Administration (NHTSA), these defective airbags can explode upon inflation, sending shrapnel into the face and body of the driver and front seat passenger. At least 17 deaths and well over 100 injuries have been tied to these defective airbags so far.
Car companies affected by this recall include, but are not limited to: Acura, BMW, Chrysler, Dodge, Ford, Honda, Infiniti, Lexus, Mazda, Mitsubishi, Nissan, Pontiac, Saab, Subaru, and Toyota.
This recall is so expansive that every car owner is being asked to contact their local dealership in order to determine if their vehicle has been recalled. Alternatively, you could check the NHTSA’s recall website at https://vinrcl.safercar.gov/vin/. Be aware that the most recent additions to this recall may not show up immediately through this web app, and the NHTSA recommends that you check back periodically.
If your vehicle is listed in this recall, you’re asked to contact the manufacturer’s customer service department or your local franchised dealership to inquire about scheduling a no-cost repair. If you’ve already been in an accident and were injured by airbag shrapnel, you may very well have a valid product liability claim with which our attorneys may be able to help. Call us for a free consultation at (214) 651-6100 for more information.
Could defective tires be to blame for my car accident?
All of the major tire companies, including Goodyear, Bridgestone, Michelin, and Cooper, have all announced defective tire recalls in recent years. And each year in Texas, hundreds of car accidents are caused by tire blowouts, separated treads, belt separations, sidewall defects, and split rims. While some of these accidents may be cause simply by the age of the tire or other considerations, other car accidents are caused by tire defects that should have been prevented by the manufacturer. If your Dallas car accident was caused by a defective tire, speak to our Dallas product liability attorneys today.
Could my car fire have been started because of a product defect?
Did you know that 20 percent of all reported fires are car fires? While there are many causes of car fires (such as poor maintenance or an intentional act) many car fires are caused by a manufacturer defect or a defective auto part.
Defective fuel systems and faulty wiring are two common auto manufacturer mistakes that can lead to serious car fires, car explosions, burn injuries, and even wrongful deaths.
If you were injured in a car fire that was caused by a defect in your vehicle, you may have a valid product liability claim. To talk with a Texas automobile product liability lawyer about your case today, call (214) 651-6100.
Why are drop-side cribs dangerous?
In 2011, the U.S. Consumer Product Safety Commission (CPSC) passed a law prohibiting the sale and manufacture of drop-side cribs.
Drop-side cribs are cribs where one or both sides of the crib can be moved up and down for better accessibility. While many parents found the drop sides convenient, drop-side cribs were responsible for at least 32 infant deaths between 2000 and 2010. According to the CPSC, an additional 3,520 incidents and injuries were reported from November 1, 2007, to April 11, 2010, involving drop-side cribs. Injuries included suffocation, strangulation, entanglement, broken bones, and skull fractures. Most of these injuries and deaths occurred when a drop rail partially detached and a gap formed between the drop rail and the mattress. The child was either fell through the gap or was caught and suffocated or strangled.
Under the new guidelines, crib manufactures are required to use stronger materials and hardware. Crib slats must be well attached and drop sides are banned. While you can still find drop-side cribs at yard sales and on Craigslist.org, our Dallas product liability attorneys suggest that you purchase a crib that meets the current safety guidelines.
The Dallas attorneys at Rasansky | McKenzie Law work to hold crib manufacturers responsible for injuries caused by defective or poorly made cribs. To discuss a crib injury claim, contact Rasansky | McKenzie Law at (214) 651-6100.
How can I be sure that I'm using safe baby gear?
In October 2012, nine out 24 consumer recalls were for children’s products. Every month, at least one highchair, stroller, or baby seat seems to be recalled. You are right to be concerned.
Here are a few tips to help you choose safe gear for your child.
Strollers – Strollers are one of the most frequently recalled children’s products. Many stroller recalls are due to a large gap between the stroller grab bar or tray and the seat bottom. If an infant is not properly harnessed, the child can slip through the gap into a strangulation hazard. Other strollers have been recalled because exposed hinges can amputate small fingers. Most companies offer free repair kits to fix these issues.
Cribs – since 2007, the Consumer Products Safety Commission (CPSC) has recalled 11 million cribs. Last year, the CPSC issued new rules for manufacturers of cribs. Cribs must now be made of sturdier materials and must pass tougher product safety tests before they can be sold. Check your crib to make sure that it is properly assembled and that there are no gaps larger than two fingers between the sides of the crib and the mattress. If your crib has a drop-side, stop using it and see if a retrofitting kid is available from the manufacturer. Never use a crib that is more than ten years old.
Play yards – More than 2,100 accidents involving play yards have been reported to the CPSC. These incidents resulted in 170 injuries and 60 fatalities. In June, the CPSC approved new safety standards for all play yards. These include stricter testing including stability testing, entrapment testing, and floor strength testing as well as minimum side height requirements and latch-and-lock mechanisms. If you use a pack and play, play yard, or play pen, make sure that the mattress pad is well-attached and that you are not using any extra padding. Discontinue use if you notice any problems with the hinges.
Baby seats – Millions of Bumbo seats were recalled after more than 75 babies suffered head fractures when they arched their backs or rocked and tipped the seats over. If you have a Bumbo seat, make sure it includes a restraint belt. Never use it on a raised surface.
Check manufacturer web sites – Manufacturer websites are the best place to find information about recalls and safety alerts. You can also fill out online product registrations to have recall notices mailed or emailed to you.
If your child is injured by a defective children’s product, our Dallas product liability lawyers can help you get accountability and compensation through a Texas defective product lawsuit. To discuss your claim, contact Rasansky | McKenzie Law at (214) 651-6100.
Speak With a Dallas Product Liability Lawyer For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
