Unsafe Baby Stroller and Infant Car Seat and Carrier Lawyer
No child should ever be hurt by a product that is used for their safety. Unfortunately, it happens all too often. When a child suffers catastrophic injuries, it’s devastating for the entire family. Medical bills, caregiving responsibilities, and the knowledge that the child’s quality of life may be forever changed ─ everything seems overwhelming.
Of all the child injuries that result from unsafe products, those due to defective baby strollers and dangerous infant car seats and carriers are some of the most common. When these defects cause accidents, they can result in serious injuries to the child such as brain injuries, broken bones, amputations, and spinal cord injuries.
Child injuries that are caused by defective baby strollers and infant car seats and baby carriers are typically the result of conduct by manufacturers that did not ensure their products were safe to use. Parents can hold manufacturers liable for that conduct and file a claim against them to demand compensation for losses.
At Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C., our defective product lawyers have the experience and the resources to handle these complex catastrophic injury claims. Our respected law firm has a long track record of holding powerful manufacturers accountable when their products cause harm to innocent consumers. For example, our attorneys recovered $8 million for the family of a child who suffered permanent brain damage from a dangerous IV solution.
To learn how our attorneys can help your family after a devastating child injury, contact us now to schedule a free consultation.
How We Can Help If Your Child Was Injured
There are many ways our knowledgeable Philadelphia product liability attorneys can help if your child has been hurt by a defective baby stroller, infant car seat, or baby carrier. These include:
- Investigating to identify the defect and determine who made and who sold the product
- Researching to uncover whether there have been other reports of injuries from the same or similar product
- Gathering medical evidence to show the extent of your child’s injuries
- Conferring with expert witnesses who can support your claim
- Managing all negotiations with the manufacturer and the seller
- Fiercely preparing your case for trial and taking your case into a courtroom, if necessary
These are just a few of the ways an attorney from our law firm can help if your child has been hurt by a defective baby carrier or stroller. Most importantly, we will always act as an advocate for you and your child and work hard to demand the maximum amount of compensation you deserve.
Starting the Lawsuit Process
If you decide to pursue a lawsuit over a defective baby stroller or baby carrier, the process will begin with speaking to an attorney who handles defective product cases. When you contact our firm for your free consultation, we can go over the details of your case, talk about your child’s injuries, and map out a strategy for moving forward.
- Then, we will get to work investigating your case right away. Our attorneys will investigate the product and collect evidence to show what happened. If you still have the dangerous stroller, infant car seat, or baby carrier, we will preserve that as evidence. We will also reach out to our network of experts. Ultimately, we will work to determine whether the product was safe and caused your child’s injuries.
- Once we determine liability, our attorneys will need to document the damages. The damages are the losses you and your child sustained due to his or her injuries. It’s important to document these in full, so that your personal injury lawsuit will be able to recover the maximum amount of damages. Our attorneys will collect medical records and bills, estimate future medical costs, evaluate your child’s pain and suffering, and more.
- The next step is to actually file the lawsuit. To do this, we will file your case with the court, and afterward, the defendant will be notified. After the manufacturer receives notification about the lawsuit, they will then likely hire a lawyer to defend them.
- Our attorneys will try to help you reach a satisfactory settlement, but we will always be ready to go to trial. Once the complaint is filed, both sides go through the discovery phase. During discovery, both sides exchange documents and other information that they have and take the testimony of witnesses under oath. This allows each side to understand the arguments that will be used against them in the courtroom.
- If a settlement still cannot be reached, the case will go to trial. If this happens, the decision is left entirely to a jury. A jury will determine whether the manufacturer made an unsafe product that caused your child’s injuries, and if so, how much compensation you will receive.
We Demand Maximum Compensation for Your Child’s Injuries
The compensation claimed in a personal injury lawsuit is known as damages. The damages in a lawsuit vary from case to case, but there are some types that are common. These include:
- Medical expenses: Lawsuits claim compensation for not only current medical costs, but future medical expenses, as well.
- Rehabilitative treatment: After a baby stroller, infant car seat, or baby carrier accident, your child may require speech therapy, physical therapy, and other measures to improve their condition.
- Costs of lifelong care: Some accidents are so severe that children require household aids, medical devices, and nurses for the rest of their lives.
- Lost income: This is a type of damages many people don’t think about. When your child is so injured they cannot pursue a career, or their earning potential is hindered, these damages are also claimed in the lawsuit.
- Pain and suffering: The physical pain and suffering your child is feeling now and in the future is a loss, and the courts recognize that your child deserves to be compensated for that.
- Emotional distress: After an accident, victims feel not only physical pain but emotional and mental anguish as well. These are also losses your child deserves to be compensated for.
The above are considered compensatory damages because they are losses the accident victim deserves to be compensated for. In some cases, punitive damages may also apply. These damages are not meant to compensate for losses but rather to punish the manufacturer. These damages are only awarded when the manufacturer displayed reckless indifference or wanton and willful conduct.
Common Defects in Infant Car Seats and Baby Carriers
In a study conducted by the National Highway Traffic Safety Administration, there were several defects common among infant car seats and baby carriers. These included:
- Defective buckles: Faulty buckles can cause children to unsafely unfasten buckles, or they may become unlatched upon impact.
- Defective chest clips: Defective chest clips can break or become unfastened, causing a child to fall out of or be thrown from the seat.
- Defective handles: When handles are faulty, the seat can fall away from them, causing the child serious injury.
- Defective safety padding: When padding is insufficient, it can cause serious head or brain injuries. However, if there is too much safety padding, it can also lead to suffocation.
- Defective bases: Child carriers are typically made up of a base unit and a seat that latches into it. When that base unit is unsafe, the child seat can be thrown from the base or may fall out of it.
- Inadequate instructions: Baby strollers, infant car seats, and baby carriers can be very dangerous if they are not used or installed correctly. Manufacturers have a duty to properly inform parents of how to use and install this equipment.
Although these are some of the most common defects associated with baby strollers, infant car seats, and carriers, a lawsuit can be filed any time a defective product causes injury to a child.
Potential Injury Risks to Children
According to the U.S. National Library of Medicine, there are some common injuries that arise from baby strollers and baby car seats and carriers. These include:
- Head injuries
- Face injuries
- Soft tissue injuries
- Concussions and other traumatic brain injuries
In addition, injuries related to infant car seats and carriers resulted in more hospitalizations than injuries related to baby strollers.
Talk to a Defective Product Lawyer Now
As a parent, you would do anything to protect your child. Unfortunately, not all manufacturers do the same. If your child has been hurt due to a defective stroller, infant car seat, or baby carrier, contact our defective product attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C., today.
Our experienced lawyers know how to hold manufacturers accountable, and we will fight fiercely for the full amount of compensation you deserve. Call us today to schedule your free consultation.