On January 29, 2020, Delta Enterprise Corp. issued a number of the baby sleeper products due to concerns of a suffocation risk. According to the recall, number 20-061, there have been a number of infant fatalities associated with similar baby sleeper products made available by other manufacturers. Specifically, many infants have suffocated after rolling from their backs onto their stomachs or sides. Again, this recall is preventative – it has affected approximately 5,900 products.
The recall includes all of the following products:
- Baby Cribs Beatyrest Beginnings Incline Sleeper with Adjustable Feeding Position for Newborns
- Disney Baby Minnie Mouse Incline Sleeper with Adjustable Feeding Position for Newborns
- Delta Children Deluxe 3-in-1 Activity Rocker, Feeder and Sleeper
- Simmons Kids Beautyrest Deluxe 3-in-1 Activity Rocker, Feeder and Sleeper
- 3-in-1 Activity Rocker, Feeder and Incline Sleeper
The affected model numbers of the Delta Incline Sleeper with Adjustable Feeding Position for Newborns as well as the other affected versions (listed above) can be identified by the following model number ranges: 27404-2255; 27404-437;27404-758; 27404-942. The products’ model numbers can be found on the label as well as in the frame.
The recalled sleepers were sold at stores focusing on children’s products as well as mass consumption. They were also available at Kmart, ToysRUs.com, and Amazon.com. The sleepers were sold from January 2017 to December 2018 for prices ranging from $42 and $51.
According to the company, no incidents have been reported with their products – the recall is allegedly only preventative. The company is urging consumers to stop using the affected products and contact them for either a cash refund or a voucher.
Although Delta Enterprise Corp. claims that there have been no reported incidents with any of their products, it is possible that affected parties have just failed to report any incidents – meaning that there could be a number of unreported products associated with the Delta Enterprise Corp. baby sleepers. If you believe that your infant was harmed in any way because of the sleeper products recently recalled by Delta Enterprise Corp., you should never consider accepting a cash refund or a voucher from the company.
Instead, you should seek legal assistance immediately – as you might have grounds to pursue a product liability claim. Depending on the details surrounding your claim, you might also have grounds to recover monetary compensation for the harm that your child and your entire family suffered. If you would like to learn more about the possibility of pursuing a claim, do not hesitate to seek legal assistance at your earliest convenience.
You can trust the experts at Normandie Law Firm to handle your claim and guide you towards a successful claim outcome. The product liability lawyers at our firm have many years of experience representing consumers who have been harmed by the negligence of companies. At our firm, our experts are ready to hold companies accountable for the harm that innocent consumers suffer. If you would like to discuss your claim with the experts at our law firm, do not hesitate to contact our firm immediately.
Why are Baby Sleepers Dangerous?
Baby sleepers, like the products recently recalled by Delta Enterprise Corp., are among the products that are most frequently recalled. These products represent a danger to infants. When placed in these sleepers, infants can roll from their backs onto their stomachs or onto their sides. Because infants are usually not strong enough to move their heads or roll back onto their backs, they can suffocate due to the material on the sleepers. Suffocation can be fatal. Even temporary suffocation (i.e. if an adult quickly addresses the suffocation and gets the child breathing) can cause devastating injuries; specifically, infants can suffer brain damage within a matter of minutes because of oxygen deprivation. Whether your infant suffered an injury or lost his or her life, if the harm was associated with a defective product, the harm suffered could’ve been avoided.
About Product Liability and the Right to Sue
If the harm that your infant and your entire family suffered can be associated with a defective product, such as a defective baby sleeper, you might have grounds to pursue a claim. Your right to pursue a claim is based on product liability. Based on product liability, all companies (those who make products available to consumers) owe their consumers a duty of care. Specifically, these companies have a duty to ensure that all their products are completely safe for their consumers to use. They must take the necessary actions to identify and address any of the hazards present in their products. If they fail to ensure that their products are completely safe for use, they are breaching their duty of care towards their consumers, and they are putting them at risk of harm.
A breached duty of care can cause an incident and directly result in harm. As soon as a breached duty of care leads to harm, the company that breached their duty of care could be found negligent and liable of all the harm suffered. Based on product liability, the company could be liable for the harm associated with their defective products.
What does this mean? If a company is liable for harm suffered based on product liability, affected parties will have grounds to take legal action. Specifically, affected parties could pursue product liability claims. If you would like to learn more about product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
What Should You Do?
Depending on the harm that you or a member of your family suffered, you could pursue a claim. However, the possibility of filing a claim could be affected by the specific actions that you take immediately after being affected. Unfortunately, the lack of action as well as taking the wrong actions can greatly reduce the possibility of filing a successful product liability claim.
What should you do to ensure that you can file a claim and increase the likelihood of reaching a successful claim outcome? Our experts recommend that all parties affected by defective products do the following:
- Seek medical attention immediately (call emergency services if necessary)
- Take photos of the injuries suffered
- Take photos of the defective product
- Stop using the defective product and keep it in a safe place (ensure that the defective product remains as-is)
- Contact the company to report the product defect and the harm suffered
- Do not agree to return the defective product to the company
- Do not agree to a cash refund or voucher
- Do not agree to a free repair
- Do not agree to a free replacement
- Gather all medical records relevant to the harm suffered
- Gather all purchase records (receipts, order confirmations, etc.)
- Seek legal assistance immediately
When you follow the recommendations listed above, you are essentially gathering the tools necessary to prepare to file your claim. If you would like to learn more about the importance of these steps, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. At Normandie Law Firm, our lawyers are ready to provide you with the guidance that you need to take legal action.
Recovering Monetary Compensation
Depending on the details surrounding your claim, you might also have grounds to recover monetary compensation for the harm that your child suffered. You could be eligible to recover compensation for all or some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
The type and amount of compensation that you could be eligible to recover will always be based on the details surrounding your claim. Because of that, it is essential to seek legal assistance as soon as possible.
When you allow the experts at our law firm to represent you, you can be certain that our experts will do everything within their reach to ensure that you recover the highest amount of compensation available for your claim. Our lawyers are ready to aggressively negotiate for your right to recover the compensation that you deserve. If you would like to learn more about the type and amount of compensation that you could be eligible to recover, do not hesitate to contact our law firm at your earliest convenience.
Filing Your Claim on Time
There is no doubt that you have the right to pursue a claim if the harm that your infant suffered was caused by a defective product. Even though you have the right to sue based on product liability, you could actually lose your right to sue if you fail to take action within the appropriate length of time.
All product liability claims are subject to a statute of limitations – which determines the specific length of time that claimants have to file their claims. If claims are not filed within the time allowed by the statute of limitations, claimants can lose their right to sue.
How long do you have to pursue your claim? In general, product liability claims in California are subject to a two-year statute of limitations. This means that claimants only have two years to file their claims. However, exceptions to the applicable deadline could apply. That is, the time that you have to file a claim could be tolled based on the details surrounding your claim.
As mentioned above, failing to file your claim within the time allowed by the statute of limitations could result in losing the right to sue. Therefore, it is essential that you seek legal assistance immediately to ensure that you have a thorough understanding of the deadline that applies to your claim.
Contact Normandie Law Firm Today
If your infant was harmed because of a defective baby inclined sleeper, you might have grounds to pursue a claim. To ensure that you have a thorough understanding of your right to take legal action for the harm that your child and your entire family suffered in association with the defective product, it is essential that you seek legal assistance with the experts at your law firm at your earliest convenience.
At Normandie Law Firm, our experts have many years of experience handling all sorts of claims – including product liability claims. Our lawyers have many years of experience representing victims and their families, helping them hold liable companies accountable. Our product liability attorneys are ready to evaluate your claim and guide you towards a successful claim outcome.
At our firm, we are dedicated to providing legal representation to all affected parties. To facilitate the legal process, our firm offers free legal services, which include free consultations as well as free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns – providing you with all the information that you need to either start or continue your claim against the company liable for the harm suffered. If you would like to benefit from our free legal services, do not hesitate to seek legal assistance with the experts at our firm immediately.
Our firm offers a Zero-Fee guarantee that ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything.
Are you ready to discuss your product liability claim against Delta Enterprise Corp. with the experts at our firm? If so, do not hesitate to seek legal assistance with our defective product attorneys immediately.
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