On June 25, 2020, Costway issued a recall for their baby strollers. According to the recall, number 20-753, the strollers included in the recall violate the Federal Standard for Carriages and Strollers. The child’s torso can pass through the opening between the tray and the seat; this can lead to the child’s head potentially becoming entrapped. In addition, there is a large opening between the seat and the restraint, which could cause the child to fall. Overall, the defective stroller represents entrapment, strangulation, and fall hazards to innocent children.
The recall has affected approximately 16,000 products. The recall specifically affects three models of double strollers, which include the following:
- Model BB4476 Infant Double Stroller (available in Red, Gray, and Black)
- Model BB4613 Infant Double Stroller (available in Black)
- Model BB4690 Face to Face Double Stroller (available in Gray)
The affected strollers have a tag (on the stroller seat) that reads: MADE FOR GOPLUS CORP 11250 POPLAR AVE. FONTANA, CA 92337.
The strollers were available online via www.costway.com and www.amazon.com for approximately $100 each. They were available from May 2016 through December 2019.
According to the company no incidents or injuries have been reported. However, the company is urging consumers to stop using the strollers and contact them for instructions on receiving a refund (including taxes and shipping fees). The company is contacting all affected consumers directly.
Should you agree to a full refund for the value of the defective stroller? If your child suffered harm as a direct result of the defective product, you might be eligible to recover more than the value of the stroller. More specifically, you might have grounds to file a product liability claim and recover monetary compensation for the harm that your child suffered. For more information about your right to sue Costway for the harm that your child suffered, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
If you are in need of legal assistance, you can trust the experts at Normandie Law Firm as soon as possible. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, including product liability claims. Our product liability lawyers are not afraid to hold negligent companies accountable for the harm caused by their defective products. If you would like to learn more about your right to sue, do not hesitate to contact the experts at our firm immediately.
The Dangers Associated with the Defective Strollers
As explained above, the defective strollers represent an entrapment and strangulation risk as well as a fall risk. Due to the opening between the tray and the seat, a child’s torso can pass through; however, the child’s head can become entrapped. Because of this, the child can suffer strangulation, which could lead to oxygen deprivation, loss of consciousness, brain damage, and even death. In addition to these dangers, the fall risk (due to the large opening between the seat and the restraint) can result in head injuries, traumatic brain injuries, neck injuries, back injuries, spinal cord injuries, fractured bones, lacerations, scrapes, and bruises, among others). Depending on the details surrounding the incident, the injuries could cause lifelong damage. In some cases, the injuries could be fatal. Regardless of the specific harm that your child suffered due to the defective product, you might have grounds to pursue a claim.
Product Liability and Your Right to Sue
If your child was injured due to the defective strollers recalled by Costway, you might have grounds to file a product liability claim. Your right to sue for the harm that your child suffered is based on the concept of product liability. This is because companies owe their consumers a duty of care – a duty to ensure that their products are completely safe for their consumers to use. Companies must test and inspect their products to be able to identify and address any hazards present. When companies fail to do so, they are breaching their duty of care, which means they are potentially releasing defective products to consumers. The breach of duty could contribute to incidents, which could lead to consumer harm. Because of this, whenever a consumer is harmed as a direct result of a defective product, the company could be liable. Therefore, Costway could be liable for the harm that your child suffered due to the defective stroller; this means that you could sue the company.
Our Recent Verdicts and Settlements
$2.5 Million
$599,000
$1.5 Million
$600,000
$525,000
$1.2 Million
If you would like to learn more about the concept of product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready provide you with all the information that you need to understand product liability and your right to pursue your claim.
Could I Recover Compensation?
Based on the details surrounding the incident – including the harm that your child suffered – your product liability claim could lead to the recovery of monetary compensation. Some of the categories of compensation that you could be eligible to receive include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Property damage
- Punitive damages
If your child, unfortunately, lost his or her life due to the harm resulting from the incident, additional types of compensation could be available, including the following:
- Funeral costs
- Burial costs
- Loss of consortium
Are you interested in learning more about the type and amount of compensation that you could be eligible to recover upon reaching a successful claim outcome? If so, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to evaluate your claim and help you recover the highest amount of compensation available for your product liability claim. It does not matter whether our experts have to negotiate a settlement or reach a verdict through trial; you can trust that our lawyers will do everything within their reach to ensure that you recover what you are owed.
What Should I Do After Suffering Harm?
If your child suffered harm as a direct result of the defective strollers recalled by Costway, you should do the following:
- Take photos of all injuries sustained in the incident
- Take photos of the defective product
- Seek medical attention as soon as possible
- Stop using the defective product, keep it in a safe place, and do not tamper with it in any way
- Contact the company to report the incident and the harm your child suffered
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to return the defective product
- Do not agree to a refund (or store credit)
- If any witnesses were present, gather their contact information and testimonies
- Gather any video footage that might have captured the incident
- Gather all medical records associated with the harm your child suffered
- Collect records associated with the purchase of the defective stroller (receipts, order confirmation, statements, etc.)
- Seek legal assistance with knowledgeable product liability lawyers
Why is following the steps listed so important? When affected consumers follow the steps listed above, they are preparing to pursue their claims. In other words, they are gathering the tools necessary to hold negligent companies accountable for the harm caused by defective products. For more information about the action that you should take after your child suffered harm associated with the defective strollers (or any other defective product), do not hesitate to contact the experts at our firm today.
Is there a Class Action Lawsuit?
Can I file a class action lawsuit? How can I join or be a part of a class action lawsuit on this case? If the defective product harmed many parties, then it is likely that there is a class action claim in which you could participate. A class action lawyer can help you figure out how to join the specific class action lawsuit. In some cases, there might be mass torts rather than a class action lawsuit – mass torts are single claims against the same company. For more information about how to proceed with your claim, do not hesitate to contact our recall lawyers as soon as possible.
The Statute of Limitations
Are you considering the possibility of pursuing a claim against Costway or any other company that contributed to the harm that your child suffered? If so, you must be aware that your claim is subject to a strict timeline. All claims are subject to a statute of limitations; a statute of limitations determines the time that claimants have to take legal action against the liable party. If claimants do not file their claims within the time allowed by the statute of limitations, they could lose their right to sue entirely.
In California, product liability claims are normally subject to a two-year deadline. This means that claimants only have two years to file their product liability claims. In addition to this deadline, claimants must remain aware of any exception that applies to the statute of limitations. If exceptions apply, the deadline could be tolled or paused for some time. In cases in which children are injured, for example, exceptions could apply, and the statute of limitations could be tolled until the victim reaches an adult age.
Because you can lose your right to sue, you must have a thorough understanding of the deadline that applies to your claim. For more information about the time that you have to pursue your claim, do not hesitate to seek legal assistance with our experts as soon as possible.
Contact Our Experts Today
Did your child suffer harm due to a defective product? If your child was harmed due to the defective strollers that were recalled by Costway, you might have grounds to pursue a claim – specifically, a product liability claim. You could also be eligible to recover compensation for the harm that your child suffered. If you are interested in learning more about your right to sue, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.
At Normandie Law Firm, we are dedicated to providing all affected consumers with the guidance necessary to hold liable companies for the harm suffered. We are committed to remaining accessible to affected parties; therefore, we offer free legal services. Our free legal services include free consultations and free second opinions, during which our product liability experts will provide you with all the information that you might need to pursue your claim. Our lawyers will be available to answer all your questions and address all your concerns. Would you like to benefit from our free legal services? If so, do not hesitate to contact our firm immediately and request to speak our experts.
Our firm offers a Zero-Fee guarantee which ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. Our firm is also based on contingency, meaning that our clients will not be required to pay anything until after reaching a successful claim outcome.
If you would like to discuss your product liability claim against Costway with the experts at our firm, contact us today.
Other Pages on Our Website Related to This Topic
BCI Burke Merge Playground Climbers Recall – Class Action Lawsuit
Kids & Koalas Baby Walkers Recalled due to Fall and Entrapment Risk
IKEA Recalls KULLEN 3-Drawer Chests due to Tip-Over and Entrapment Risks
