Kolcraft Recalls Inclined Sleeper Accessories due to Suffocation Risk

On February 20, 2020, Kolcraft issued a recall for their inclined sleeper accessories included with their Kolcraft Cuddle ‘n Care 2-in-1 Bassinet & Incline Sleepers as well as their Preferred Position 2-in-1 Bassinet & Incline Sleepers. According to the recall, number 20-075, infant fatalities have been reported associated with incline sleep products made available by other manufacturers; the fatalities occurred when infants rolled onto their stomachs or sides from their backs, or under other circumstances. Approximately 51,000 units have been affected by the recall.

The recall specifically involves the incline sleeper accessory sold with Kolcraft Cuddle ‘n Care 2-in-1 Bassinet & Incline Sleeper (with model number starting with KB063) as well as the Kolcraft Preferred Position 2-in-1 Bassinet & Incline Sleeper (with model number starting in KB061). The model numbers can be found on the metal bar between the bassinets’ legs. It is important to note that the inclined sleeper is the only portion of the product that is affected by the recall.

The recalled sleepers were available at juvenile product stores as well as mass merchandisers nationwide from March 2011 through December 2017; the 2-in-1 products were sold for about $140 each.

According to the recall, no incidents involving the Kolcraft inclined sleeper accessories have been reported; however, incidents and fatalities have been reported to other manufacturers. Although Kolcraft claims that the recall is preventative and that no incidents have occurs because of their inclined sleeper accessories, it is possible that

The company is suggesting that all affected consumers stop using the recalled incline sleeper accessory. The company is also urging affected consumers to contact them for either a $35 voucher to be used on their website or a $20 refund. The company is directly contacting registered owners and known purchasers via a postcard sent in the mail. According to the company, consumers can continue using the bassinet portion of the product without the recalled incline sleeper accessory.

Should you follow the recommendations suggested by Kolcraft? If your child was harmed as a direct result of the recalled incline sleeper accessory, you should never consider the possibility of following the recommendations set out by the recall. Instead, you should consider taking legal action against Kolcraft and holding the company accountable for the harm that your child suffered.

If you would like to explore the possibility of pursuing claim against Kolcraft, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. You can trust the experts at Normandie Law Firm. Normandie Law Firm is a personal injury law firm with experience handling all sorts of claim, including defective product claims. Our product liability attorneys are ready to aggressively fight for your right to recover the compensation that you deserve. If you are ready to discuss the possibility of pursuing a defective product claim with the experts at our firm, do not hesitate to contact us today.

The Risk of Suffocation

Many incline sleepers have been associated with infant fatalities. As stated in the recall, infants that roll over from their backs onto their sides or stomach can suffocate. Fatalities have also occurred under other circumstances – even when the infant remains on his or her back. Specifically, the incline on some of the sleepers can be too much for infants, causing their heads to fall forward (chin to chest) and blocking their airways. Suffocation can lead to death, without a doubt. However, those you survive are likely to suffer brain damage due to the oxygen deprivation. Regardless of how innocent infants are affected by defective baby sleepers and sleeper accessories, it is important to be aware that innocent infants would never have suffered harm if companies had ensured that their products were completely safe to be used.

Your Right to File a Claim based on Product Liability

Do you have the right to file a claim for the harm that your child suffered due to a defective inclined sleeper or sleeper accessory? The answer is simple – yes, you might have grounds to sue. If the defect present in the defective product related to the product’s labeling, design, or manufacturing, you might have grounds to sue. Your right to sue is based on the concept of product liability.

Based on product liability, companies owe their consumers a duty of care. What duty do companies owe to consumers? All companies owe their consumers the duty to ensure that all their products are safe for use. Because of this, companies must take measures to ensure that their products are safe. They must identify and address all possible hazards present in their products prior to making them available to consumers.

Unfortunately, many companies fail to exercise their duty of care towards their consumers. Instead, they breach their duty of care and put their consumers at risk of suffering harm. Whenever a breached duty of care (a failure to identify or address a hazard present in a product) directly leads to the harm that an innocent consumer suffered, the company could be negligent for all the harm suffered.

What does this mean? Because companies could be liable for the harm that their consumers suffer due to their defective products, affected consumers could sue. If you would like to learn more about your right to sue on the basis of product liability, do not hesitate to contact the experts at our firm immediately. Our attorneys are ready to evaluate your claim and provide you with all the information that you need to take legal action against the company that caused the harm that your child suffered.

What Steps Should You Consider Taking?

After being harmed in any way by a defective product, there are a number of things that affected consumers should do. Consider the following points:

• Seek medical care for your infant immediately
• Take photos of any visible harm suffered (color changes due to suffocation, etc.)
• Take photos of the defective inclined sleeper accessory
• Stop using the defective product immediately
• Keep the defective product in a safe place as-is (do not attempt to repair the product yourself)
• Contact Kolcraft, or any other company, to report the defect, the incident, and all the harm suffered.
  • Do not agree to a full refund or a voucher from the company
  • Do not agree to a free repair or replacement
  • Do not agree to return the defective product
• Collect all medical records (if the incident resulted in a fatality, include death records)
• Gather documents relevant to the purchase of the defective product
• Seek the expertise of a product liability lawyer immediately

Following the steps listed above is essential in preparing to pursue a product liability claim; specifically, following these steps allows consumers to gather the tools that they will need to pursue their claims. For more information about the steps that you should follow and the specific actions that you should take, do not hesitate to seek legal assistance with our experts at your earliest convenience.

Could You Recover Any Compensation?

The recovery of monetary compensation cannot and will not reverse the harm that you, your infant, and your entire family might have suffered. There is no doubt about that. However, recovering compensation can help you and your entire family move on from the experience. Could you really be eligible to recover compensation? If so, how much could you be awarded? What type of compensation might you be eligible to receive?

Depending on the details of your product liability claim, you might be eligible to recover compensation for some of the following:

• Medical costs
• Lost wages
• Pain and suffering
• Loss of consortium
• Funeral and burial costs
• Punitive damages

For more information about the exact type and amount of compensation that you might be awarded if your claim reaches a successful outcome, do not hesitate to contact our law firm at your earliest convenience. Our lawyers are ready to aggressively represent your right to be compensated. Our personal injury attorneys will help you and your family recover the compensation that you deserve.

The Statute of Limitations and Filing Your Claim

Without a doubt, you have the right to sue for the harm that your child suffered associated with Kolcraft’s recently recalled inclined sleeper accessories. Although you have the right to sue, it is also important that you acknowledge that you only have a short length of time to pursue your claim. This is because all claims are subject to strict deadlines established by a statute of limitations. A statute of limitations simply determines how long claimants have to file their claims.

What happens if I do not file my claim within the time allowed by the statute of limitations? The answer is simple: you will lose your right to sue. If you fail to file your claim within the time allowed by the statute of limitations, you will lose the right to sue, and you will be unable to hold the liable company accountable for the harm that your infant suffered.

How long do I have to file my product liability claim? In California, product liability claims are subject to a two-year statute of limitations; this means that affected consumers will only have two years to file their claims. As explained above, if claims are not filed on time, claimants will lose their right to sue.

Without a doubt, you must be aware of the deadline that applies to your claim; however, you must also be aware of any exceptions to the deadline that might apply. Exceptions will always be based on the specific details of your claim; these exceptions could toll or pause the deadline for some time.

To learn more about the exact length of time that you might have to pursue your claim, do not hesitate to contact our experts at Normandie Law Firm today.

Contact Normandie Law Firm Today

Was your infant harmed because of the recently recalled Kolcraft inclined sleeper accessories? If so, you might have grounds to pursue a claim against Kolcraft for the harm that your child suffered. Whether your child suffered fatal harm or permanent injuries due to suffocation, you can hold the company accountable with the assistance of the experts at our law firm.

If you are considering the possibly of filing a product liability claim, do not hesitate to contact our firm today. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including the product liability claims that arise from the harm caused by defective products. Our defective product attorneys are aware of the significant harm that could result from defective products, and they are committed to holding all liable companies accountable for their negligent actions. If you are interested in discussing your claim with the experts at our firm, do not hesitate to contact us today.

At our firm, we are aware that it could be difficult to seek legal assistance – especially due to the fear of legal costs. To remain accessible to all, our firm offers free legal services, which include free consultations and 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. Our product liability lawyers will be available to provide you with all the information that you need to either begin or continue your claim. If you are ready to benefit from our free legal services, do not hesitate to contact our firm today.

At Normandie Law Firm, we offer a Zero-Fee guarantee that ensures that our clients will never be required to cover 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.

Are you ready to speak with our product liability lawyers to explore the possibility of filing claim against Kolcraft? If so, contact us today.

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