On January 29, 2020, Evenflo issued a recall for the Pillo Portable Napper. The recall has affected approximately 3,100 units of the product. Evenflo is just one of the many companies that have recently issued preventative recalls for their baby sleeper products. According to the recall, recall number 20-060, infant fatalities have been reported with other manufacturers’ sleeper products after infants rolled from their back onto their stomach or side.
The recall specifically includes the Evenflo Pillo Portable Napper which is associated with model number 12132125. The product’s model number can be found on a label located on the product’s leg.
The recalled Evenflo baby sleepers were sold at juvenile product stores and mass merchandisers around the nation; these included Kohl’s, Target, Amazon.com, Buy Buy Baby, Walmart, and JC Penny. The sleepers were available from May 2017 to January 2020 for approximately $75.
Evenflo is urging all consumers affected by the recall to stop using the product and contact them for either a cash refund or a voucher.
Was your child harmed as a result of the Evenflo sleepers that were recently recalled? Even though Evenflo claims that there have been no incidents or injuries associated with their products (and that the recall is preventative), it is possible that there has been a number of unreported incidents.
If your infant was harmed as a result of a defective baby sleepers recently recalled by Evenflo or any other major baby product company, you might have grounds to pursue your claim. Specifically, you might have grounds to file a product liability claim. To learn more about your right to pursue a claim after a member of your family was harmed because of a defective product, do not hesitate to contact our law firm at your earliest convenience.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims arising from the harm caused by defective products. Our lawyers are dedicated to representing consumers who were negligently harmed by the companies who released defective products to the public. Our lawyers are ready to evaluate your claim and help you reach a positive claim outcome.
If you would like to discuss the possibility of filing a claim against Evenflo for the harm that your infant suffered, do not hesitate to contact our law firm immediately.
Suffocation Caused by Baby Sleepers
According to the Consumer Product Safety Commission, there have been at least 59 reported deaths associated with inclined baby sleepers – similar to the sleeper recalled by Evenflo. The design of the sleepers make it dangerous for infants. Without a doubt, it is possible for infants to roll over from their backs onto their stomach or their side and suffocate. However, even if the infant remains on his or her back, the incline of the sleeper can prove dangerous. Some of the sleeper products have inclines as high as 30 degrees. According to doctors, the inclines on sleepers can cause their heads to fall forward, blocking their airway.
Babies can suffocate in a matter of minutes. Suffocation, without a doubt, can be fatal. However, some infants – when immediately action is taken and time without oxygen is minimal – survive, albeit they suffer some sort of brain damage.
Regardless of how your infant was affected by the baby sleepers, you should consider taking legal action. Although the harm that your infant suffered might not be reversable, your decision to take legal action could prevent any other infants from suffering the same fate.
Product Liability and Filing a Claim
Products that have defects in design, labeling, and manufacturing could potentially harm innocent and unsuspecting consumers. When defective products contribute to the harm that consumers suffer, they could be held accountable based on the concept of product liability. What is product liability? Based on product liability, all companies have a duty of care towards their consumers. Specifically, they must ensure that their products are completely safe for consumers to use. These companies must be able to identify and address the hazards present in their products prior to making them available to consumers.
If a company fails to address the hazards present in their products, they are breaching their duty of care towards consumers; consumers are also put at risk. If any harm occurs as a direct result of the defective product, companies could be liable for all the harm suffered. Because companies could be liable, affected parties could sue them – they could file product liability claims.
If you are interested in learning more on your right to pursue a claim on the basis of product liability, do not hesitate to contact our law firm at your earliest convenience. Our lawyers are ready to represent you and provide you with the guidance that you need to take action.
You Could Recover Compensation
If you have the right to sue for the harm that your infant suffered because of a defective baby sleeper product, you might also have the right to recover monetary compensation. How much compensation could you be eligible to receive? What type of compensation could you recover? Depending on the details surrounding your claim, you could be eligible to recover some of the following categories of compensation:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
The exact type and amount of compensation that you could be eligible to recover will always depend on the details surrounding your claim. To learn more about the type and amount of compensation that you could be eligible to receive, you should seek legal assistance immediately.
Our defective product attorneys are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Whether our experts have to take your claim to trial or negotiate a settlement, you can be certain that we will not rest until you are rightfully compensated. For more information about your right to recover monetary compensation, do not hesitate to contact us today.
What Steps Should You Take?
The consumers affected by defective products should do all of the following:
- Seek medical attention immediately
- Take photos of the harm suffered
- Take photos of the defective product
- Stop using the defective product and keep it in a safe place
- Do not tamper with the defective product or try to fix it yourself
- Contact the company to report the defective product and the incident/harm suffered
- Do not agree to a refund or a voucher
- Do not agree to a free repair or a repair kit
- Do not agree to a free replacement
- Do not agree to return the defective product to the company
- Gather all relevant medical records
- Gather all documents that you purchased the defective product (such as receipts, order confirmations, email confirmations, etc.)
- Seek legal assistance immediately
Why are these steps so important? When you follow the steps listed above, you are essentially preparing to pursue a claim. You are gathering the tools necessary to eventually sue the company that contributed to the harm that your infant suffered. Unfortunately, failing to follow some of the recommendations listed above could make it very difficult to pursue a claim. For more information about the importance of the steps listed above, do not hesitate to contact our firm today.
The Statute of Limitations
If you are interested in suing Evenflo or any other company for the harm associated with their defective baby sleepers, it is important that you are aware that your claim is subject to a deadline. All claims, including product liability claims, are subject to deadlines. Specifically, claims are subject to a statute of limitations; a statute of limitations determines the length of time that claimants have to file their claims.
What happens if claims are not filed on time? If you do not file your claim within the appropriate length of time, you could – unfortunately – lose your right to sue. What deadline applies to your claim? In California, product liability claims are typically subject to a two-year statute of limitations. Therefore, affected parties will only have to years to file their claims. However, it is important to note that some exceptions could apply and toll the applicable deadline.
If you would like to learn more about the total length of time that you might have to pursue your product liability claim, do not hesitate to contact our law firm as soon as possible.
Contact Our Firm Today
If your infant was harmed as a result of a defective product, such as the defective baby sleepers recently recalled by Evenflo, you might have grounds to pursue a claim. You might have grounds to file a product liability claim against Evenflo, for example. If you are considering the possibility of pursuing a claim, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – always representing the best interests of our clients. Our experts are ready to handle your product liability claim and hold Evenflo (or any other company) accountable for the harm caused by their defective products. If you would like to discuss the possibility of pursuing a product liability claim, do not hesitate to contact the experts at our law firm today.
At Normandie Law Firm, we are committed to providing our clients with access to legal representation – the legal representation necessary to pursue a claim and reach a successful outcome. Unfortunately, many people choose not to take any legal action because of the fear of expensive fees to speak with a lawyer. At our firm, we are committed to making the entire legal process as easy as possible; therefore, we offer free legal services.
Our free legal services include both free consultations and free second opinions. During our free consultations and free second opinions, our product liability lawyers will be available to answer all your questions and address all your concerns. Our experienced attorneys will provide you with all the information that you might need to either start or continue your claim against Evenflo or any other company that contributed to consumer harm through a defective product. If you would like to benefit from our free legal services, do not hesitate to contact our firm today.
Our free legal services are available as part of a Zero-Fee guarantee. Our Zero-Fee guarantee 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 a contingency structure; therefore, our clients will not be required to pay anything until after reaching a positive claim outcome.
If you are ready to discuss your claim with the experts at our law firm, contact us at your earliest convenience.
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