MamaRoo and RockaRoo Infant Swing Accident – Recall

infant swing accident

The company 4moms, along with the Consumer Product Safety Commission, announced the recall of over 2.2 million infant swing that pose an imminent danger to small children.

infant swing accident
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Two infants crawled under one of the recalled products and were caught in the straps. One infant, a ten-month-old, died. The recalled swings, which were sold at various brick-and-mortar and online retailers between 2010 and 2022, are MamaRoo models that use a 3-point harness: versions 1.0 and 2.0 (model number 4M-005), version 3.0 (model number 1026), and version 4.0 (model number 1037). RockaRoo swings, model number 4M-012, were also recalled.

Consumers with infants who can crawl should immediately stop using the recalled products and place them in an area that their infants cannot access. Contact 4moms immediately to register for a free strap fastener that will prevent the straps from extending under the swing when not in use to prevent infant swing accident.

Manufacturer Responsibilities in Infant Death Swing and Infant swing accident Cases

These rules, which are valid in all states, contain an implied warranty to all commercially sold goods that affirms the goods are fit for ordinary use. These dangerous infant swings breach that warranty.

1932’s Donoghue vs. Stevenson was a dispute between a woman, who found a dead snail in her beer bottle, and the local bottler. The woman made the then-novel argument that “it was the duty of the defender to provide a system of working his business that was safe and would not allow snails to get into his ginger beer bottles (including the said bottle).”

In short, manufacturers have a duty to look out for the safety of their customers.

This responsibility also includes a duty to warn customers about known dangers. Companies cannot bury important warnings on a long list of usage directions, and a failure to warn about known issues is clearly negligent.

The victim/plaintiff must prove that the failure to warn, as opposed to a failure to watch a child or another factor, substantially caused the injury. If a victim/plaintiff proves negligence by a preponderance of the evidence, or more likely than not, the manufacturer is liable for damages.

Damages in a negligence claim usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Product Defects and Baby Rocker Death Cases

A different standard applies to defective products, like the swings mentioned above. Defective products can be such a widespread safety issue that negligence, or lack of care, the standard is inadequate. Therefore, manufacturers are strictly liable for the damages their defective products cause. Defective MoM (metal-on-metal) hip implants illustrate the two main types of product defects:

  • Manufacturing Defect: The metal parts in these implants are often manufactured overseas where consumer protection laws and manufacturing controls are weaker Therefore, many MoM implants have high levels of cadmium, chromium, and other heavy metals.
  • Design Defect: Frequently, the health problems associated with MoM implants began not on the manufacturing floor, but at the concept level. As the all-metal parts grind against one another, tiny metal flakes enter the bloodstream. These microscopic particles build up and cause metallosis, or metal poisoning, which can lead to organ failure.

Unlike negligence claims, defective product claims have only one effective defense: unforeseeable product misuse. An unforeseeable misuse is something like using a push lawn mower to trim the ivy on a brick wall. If victims grossly misuse products, they’re responsible for their own defective product injuries.

Moreover, additional punitive damages are often available in defective product claims. These additional damages punish negligent companies and deter future wrongdoing.

Defective product injury victims have multiple legal options. For a free consultation with an experienced personal injury attorney in New York, contact Napoli Shkolnik PLLC. We handle defective products and other injury claims on a nationwide basis.