The United States Consumer Product Safety Commission (CPSC) has filed a lawsuit against Britax Child Safety, Inc. Specifcally for their Dangerous Jogging strollers, for their refusal to recall several models of their B.O.B. Jogging Stroller that have reportedly injured close to 100 individuals. A design defect reportedly causes the front wheel of the three-wheeled jogging stroller to detach, resulting in a sudden stop and tipping over of the stroller. Consumers have filed over 200 complaints with the CPSC since January 2012. Fifty children and 47 adults have suffered injuries because of these incidents.
There have been a wide range of injuries reported from consumers that have experienced the front wheel detachment of the defective strollers. Infants and small children that were riding in the strollers when the detachments took place suffered concussions, head and facial lacerations requiring stitches, dental injuries, contusions, and abrasions. Adult injuries have included torn cartilage in the shoulder area, fractured bones, torn ligaments, contusions, and abrasions. Certain injuries have required ongoing medical attention, physical and cognitive therapy, and surgery.
The CPSC is demanding a recall of 17 models of the Britax jogging strollers and calls for Britax to notify consumers about the defects in the stroller. They also want the company to offer consumers a replacement of the stroller, a full purchase price refund, or a parts replacement piece that will fix the problem with the front wheel detachment. Under product liability laws, a manufacturer, distributor, or retailer must ensure the safety of the public by supplying a product that is free from unnecessary risk when the product is used for its intended purpose. Companies associated with a defective product can be held liable for injuries that result from use of the product.
The CPSC alleges that Britax continues to manufacture, sell, and import the defective strollers despite knowledge of the injuries that have been associated with their strollers. The CPSC claims that Britax is fully aware of the complaints against their strollers, but they have yet to issue a recall or a remedy to the problem. Close to 500,000 single and double occupant jogging strollers were sold in the United States from December 2011 until September 2015. Under federal law, retailers cannot sell products that are under a voluntary or mandated recall.
Victims injured by the Britax defective jogging strollers may be eligible for compensation. Federal law mandates that products be safety tested before their release to the public and be free from unnecessary hazards. If a defect is detected, manufacturers, distributors, and retailers have a legal responsibility to stop the sale and distribution of the defective product, to voluntarily recall the product when they become aware of the defect, and to offer the public a reimbursement or replacement part. Victims injured by defective products should consult with an experienced product liability lawyer to ensure that their legal rights are protected and that they receive the maximum amount of compensation available.
If you or someone you know has been injured by a defective product, call the experienced Philadelphia product liability lawyers at Galfand Berger LLP at 800-222-8792, or contact us online to schedule a consultation today. Our Philadelphia, Bethlehem, Lancaster, and Reading offices serve clients throughout Pennsylvania and New Jersey.