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Toy & Baby Product Recalls

"Danger" sign with skull and cross bonesEvery year thousands of children are seriously injured by defective and dangerous products, which are often recalled only after innocent lives are affected. The New Jersey product recall lawyers of Eisbrouch & Marsh have the resources and skill to help injured victims recover the compensation they deserve. Our attorneys advocate for the rights of our most vulnerable population: whether infants, toddlers or teenagers.

Hazardous toys and baby products placed in the stream of commerce can usually be traced back to some oversight or act of negligence during the design, manufacture, or distribution of the item.

A toy or infant product recall lawsuit generally involves the following types of claims:

  • Design defect – The design of the product is deemed “unreasonably dangerous,” putting the user in danger of harm
  • Manufacturing defect – Non-compliance with federal manufacturing regulations or other oversights in the product’s production make it dangerous to use as intended
  • Failure to warn – The manufacturer failed to include sufficient warning of potential risks of using the product in its intended manner
  • Misrepresentation – The manufacturer or seller misrepresented the manner in which the product should be used, or failed to provide sufficient usage instruction or warnings

In the event that your child or baby suffered harm from a defective or recalled product, our team of highly-credentialed product liability lawyers will be able to determine whether you have a viable claim for damages, and if so, can begin collecting evidence to support your case.

Grounds for filing a baby product recall lawsuit

American consumers typically become aware of a dangerous household item or baby-related products when the Consumer Product Safety Commission (CPSC) investigates and mandates a recall. Sadly, by the time a product recall is enacted, hazardous children’s items are already on shelves, or in the homes of unsuspecting parents.

Babies and small children are among the most susceptible to injuries from defective items, and as such, products targeted for this population must be designed, manufactured and sold with proper pre-market safety testing and adequate instructions. When strollers, swing sets, baby car seats and other items are manufactured or distributed without these precautions, life-threatening injuries can and do ensue.

Baby product recall litigation can help victims recover much needed compensation for:

  • Related medical expenses – past and future
  • Loss of income
  • Lost earning capacity
  • Pain and suffering
  • Emotional trauma
  • Physical therapy or special modifications to the home
  • Burial or funeral expenses

At Eisbrouch & Marsh, our legal team handles all types of personal injury claims, including those arising from defective infant products, baby item recalls and other kinds of product liability.

In practice for more than 25 years, our attorneys provide aggressive legal representation and a strong commitment to the pursuit of justice. We serve residents of Bergen, Hudson, Passaic, Morris, Essex, Middlesex counties, as well as all five New York boroughs.

Recent toy & baby product recalls

The past few years have witnessed numerous product recalls of popular baby and children’s items that put innocent lives at risk for serious injury.

Notable recalls for baby items include:

  • Playtex voluntarily recalled pacifier holding clips due to manufacturing defects that cause the clip to crack and fall off, posing a choking hazard
  • Nationwide Industries recalled their Trident pool gate latches after finding that the magnet portion of the latch was faulty, which prevented it from properly securing a gate
  • Felt bicycles recalled their Triathlon bikes because the steer tube on the fork can break and cause the rider to lose control, posing a risk of injury
  • Ganz recalled the popular stuffed animal known as “Grumpy Cat” due to a choking hazard
  • Roughly 400,000 Baby Einstein Musical Motion Action Jumpers were recalled because the sun attachment was defective and posed an impact hazard to babies. The manufacturer had received reports of more than 60 baby injuries such as facial lacerations and bruises
  • This year, Graco recalled ten models of toddler convertible car seats and three models of booster seats because of defective harnesses that are difficult to unlatch, posing an increased risk of harm in the event of an accident, fire, or other emergency situation
  • In 2014, Britax recalled their B-Agile, B-Agile Double and BOB Motion strollers (affecting 216,00 units sold in the U.S) after discovering that the folding mechanism posed a fingertip amputation hazard

Keep in mind that New Jersey imposes a statute of limitations of two years from the date of injury for filing a product liability lawsuit, which is why it’s imperative to consult with an attorney soon after injury has occurred. If you attempt to file suit after the statute of limitations has ended, your case will more than likely be dismissed.

Eisbrouch & Marsh will outline your best legal options during an initial consultation, and should you pursue recourse, our lawyers will guide you through every step of litigation. We rely on the support of in-house medical consultants, expert case investigators, and economic loss analysts to build a compelling case and help ensure your family receives maximum damages under the law.

Let our product recall lawyers protect your family

In order to avoid legal liability in the hopes that legal action won’t be brought in time, some manufacturers will notify potential claimants that a baby product or item is defective in order to start the statute of limitations time period. This alert may not clearly state that the product in question is dangerous or defective, but simply make reference to a potential hazard. For instance, the company might offer to replace the item, which starts the clock in which litigation can be taken, but without explicitly informing consumers that time constraints are imposed for filing a New Jersey product recall lawsuit.

Depending on the circumstances of your particular case, it can be difficult to assess when you must file a product liability claim, or if the statute of limitations has already expired. When in doubt, contact the personal injury attorneys at Eisbrouch & Marsh, who offer a long track record of multi-million dollar settlements and verdicts in product liability cases.

New Jersey product liability attorneys

Known for our compassion, personal service and success in the court room, we understand the anguish and emotional trauma experienced by parents of an injured child. If your child was in any way harmed by a recalled or defective product, please contact us today so we can review your legal options.

To schedule your no-cost case evaluation with our experienced New Jersey product liability lawyers, we invite you to call us at 201-342-5545.

  1. Consumer Product Safety Commission, Product Recalls http://www.cpsc.gov/en/Recalls/
  2. SafeKids.org, January 2014 Product Safety Recalls, http://www.safekids.org/january-2014-product-safety-recalls
  3. BabyZone.com, Product Recalls, http://www.babyzone.com/products/recalls/
  4. USA Today, Only 10% of recalled kids products fixed or returned, http://www.usatoday.com/story/money/personalfinance/2014/02/18/child-safety-recall-effectiveness-report/5425555/