According to a recent new report, after several tragic deaths, numerous baby product manufacturers recalled their incline infant sleepers. The recalls arose after pediatricians and the Consumer Product Safety Commission (CPSC) alerted companies to concerns that the sleeper posed serious dangers to infants. Individuals whose loved ones suffered injury or death while using an incline infant sleeper or other baby product may be able to hold various parties liable under Florida’s product liability laws.
Historically, these products have been widely popular among parents who were experiencing issues with their infants sleeping. Manufacturers touted their products alleging that the recline and rocking mechanism helped babies that were suffering from reflux and colic. However, according to the American Academy of Pediatrics, the safest way for a baby to sleep is on their back on a firm, flat sleep surface. Safety experts and doctors began alerting consumers and patients to the dangers of these products after several babies died after rolling over and suffocating. After avoiding warnings and remarketing their products, Fisher-Price finally recalled their products. Following in line were several other companies that sell similar products.
There is likely no sum of money that can compensate a family who has lost a child. However, that fact does not absolve companies from liability, even if they recalled their products. Under Florida law, families may be able to file a product liability lawsuit against the company based on personal injuries or wrongful death.
Families whose babies died after using these products may be able to recover damages for their tragic loss. Generally, wrongful death and personal injury plaintiffs may recover damages related to medical expenses, pain and suffering, funeral costs, loss of companionship and consortium, and possibly punitive damages.
Potential plaintiffs must ensure that they abide by the statute of limitations to avoid dismissal. This statute of limitations establishes the time that a victim has to file a lawsuit against a negligent party. Under Florida law, plaintiffs must file product liability lawsuits and wrongful death claims within 2-4 years, depending on the claim and specific circumstances. These cases involve various factors and limitations, and families affected by this tragedy should seek representation to discuss their rights and remedies.
Have You Suffered Injuries Because of a Defective or Unsafe Product?
If you or someone you know has suffered injuries or death because of an unsafe product, you may be entitled to monetary compensation through a Florida product liability lawsuit. The attorneys at Friedman, Rodman & Frank, P.A. are highly trained and reputable Florida personal injury lawyers. Our attorneys possess the unique ability to provide compassionate representation while simultaneously fiercely asserting their clients’ rights. We have recovered substantial amounts of compensation on behalf of Florida injury victims. Product liability lawsuits stemming from recalls are often complicated and subject to specific strict timelines and evidentiary burdens. Florida injury victims should consult with an attorney at our law firm to ensure that they recover the damages they deserve. Contact our office at 877-448-8585 to schedule an initial consultation with a Florida product liability attorney at our office.