A product recall may allow consumers who purchased the recalled product to have the product replaced, repaired, and/or refunded, depending on the recall. Yet, those remedies often do not compensate consumers to the extent of their injuries. Even if a consumer is able to receive a replacement, repair, or refund through a recall, an affected consumer still is able to seek compensation through a Maryland product liability claim.
What Are the Different Types of Product Liability Claims?
There are different types of product liability claims that may be filed based on a defective product. In a strict liability claim, a plaintiff must show that the product was defective when it left the defendant’s control, its condition did not substantially change before it reached the consumer, the product was unreasonably dangerous, and the defect caused the plaintiff’s injuries. A plaintiff does not need to show that the defendant acted negligently in some way in a strict liability claim. A strict liability claim may be based on the defective manufacturing, defective design, or inadequate warnings or instructions of the product. A product liability claim may also be based on general negligence principles or breach of warranty.
A product must contain sufficient warnings and instructions for the proper use and risks of using the product. The warnings must be clear and easy to understand. However, warnings and instructions may not protect companies from liability if a product is unsafe if used in a way that is to be expected.
Fisher-Price Infant Sleepers Recalled
Fisher-Price and the U.S. Consumer Product Safety Commission (CPSC) recalled Fisher Price’s 4-in-1 Rock ‘n Glide Soother after reports of four infant deaths linked to the product. The product was supposed to rock babies to sleep and could rock babies forward and back or side to side. According to the announcement, the four infants, who were between 2 months and 4 months old, were reportedly placed on their backs in the sleeper unrestrained and were later found on their stomachs suffocated. The acting chairman of the CPSC said the product was not safe because of the risk of suffocation.
The company also said it would recall its 2-in-1 Soothe ‘n Play Glider. About 120,000 4-in-1 Rock ‘n Glide Soothers had been sold in the United States in recent years and about 55,000 2-in-1 Soothe ‘n Play Glider. Fisher-Price recalled 4.7 million Rock ‘n Play sleepers in 2019 after the product was linked to over 30 deaths. Similarly, the CPSC said that the children had suffocated after rolling over onto their side or stomach while unrestrained. Affected consumers are advised to immediately stop using the products and to contact Fisher-Price for a refund.
Maryland and Washington, D.C. Injury Attorneys
During this challenging time in your life, you should choose an attorney who can guide you through the legal process and provide you with competent counseling along each step of the way. Lebowitz & Mzhen Personal Injury Lawyers can help you assess your situation and provide representation in a Maryland product liability claim. They have over twenty years of combined experience litigating injury claims and understand what it takes to build a successful case. Call Lebowitz & Mzhen, LLC now at (800) 654-1949 or contact them online today to set up a free, no-obligation consultation.