Girardi | Keese

California Product Liability Law for Defective Baby Strollers

In yesterday's post we discussed a defective product recall by stroller manufacturer Peg Perego. Many of the consumer products which we use everyday are unsafe, which is why product recalls happen on a weekly basis.

It can often take years after a serious injury happens for a product recall to occur. Product recalls are often not widely publicized, which means that the dangerous products will continue to be used for a long time after a formal recall happens. In California, the makers of dangerous children's products can be held liable for injuries that arise even after a product is recalled.

Lawsuits that arise out of dangerous products are called "product liability" cases and typically occur due to defective product design, manufacturing errors or the failure to warn of product hazards.

In the case of the Peg Perego strollers, the manufacturer is most likely to face litigation that alleges a defective product design. The voluntary industry standard calls for a wider space between the baby stroller seat and tray to prevent child strangulation injuries from occurring.

Defective manufacturing cases arise out of errors that occur when the product is made. Even the safest designs can be undermined by a manufacturing defect. Manufacturing defects often weaken the materials and make the product unsafe for its intended use.

Even perfectly designed and manufactured products can be dangerous when inadequate safety instructions are given. All manufacturers are required to provide adequate warnings to consumers so that the product can be safely used for all of its intended and foreseeable uses.

Compensation may be available for individuals who are injured due to dangerous products. Typically these consumers are entitled to damages for medical expenses, lost wages and emotional distress, among other things.

Source: MSNBC, "Hundreds of thousands of strollers recalled for strangulation risk," July 24, 2012

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