Approximately four million Bumbo Baby Seats have been recalled from the manufacturer due to increasing safety concerns. This story from Boston.com was sent to me by a friend and I took notice because both of my children have used and enjoyed the Bumbo seats. My wife and I have always been very careful with the Bumbo seats because there is no seat belt or other restraint to protect our kids and we were aware of the chance of injury. After reading this report, I am not surprised to find that dozens of cases have been reported of children suffering skull fractures and other very serious injuries after falling out of or escaping from Bumbo Baby Seats.
Bumbo Baby Seats were recalled once before several years ago when increased warning labels were placed on the units. While the unit has long since warned parents not to leave children unattended, the new warnings advised parents to never use the Bumbo Baby Seat on a raised surface, such as a kitchen counter, for fear that the child could fall a great distance. Unfortunately, even with the increased warnings, at least 50 known cases have been reported of children suffering very serious injury after falling from a raised surface. Following this new recall, the company that makes the Bumbo Baby Seat is voluntarily providing a free repair kit that includes a safety belt restraint.
If your child was injured while using a Bumbo Baby Seat, you may be entitled to compensation for medical bills, both current and future, and any pain and suffering that your child has experienced or will experience in the future. The reported skull fractures are obviously a very serious injury and can also result in long term permanent brain damage. The compensation may be made by filing a product liability lawsuit against the manufacturer of the Bumbo Baby Seat, and potentially the many retailers selling the product.
If you can prove that a product is defective, then you may be able to place liability on the manufacturer entitling you to compensation. There are three common methods of attempting to demonstrate that a product is defective:
- Defective product design;
- Defective product manufacturing;
- Inadequate or insufficient warning.
From the outset, it looks like a viable case can be made against the manufacturers of the Bumbo Baby Seat under categories one and three above.
Defective Product Design
A product is defectively designed if it is dangerous even when assembled and used correctly. In this case, the fact that children can fall or "roll" out of the chair and injure themselves may be enough to establish negligent design. Furthermore, the fact that seat belts could easily be added to the Bumbo Baby Seat, increasing the safety of the chair, raises the question as to why seat belts were not included from the very beginning. Perhaps, some of these horrible injuries could have been prevented.
Ineffective or Inadequate Warning
The Bumbo Baby Seat was already recalled once for inadequate warnings about using the Baby chair on raised surfaces, but the warnings apparently did not get through to consumers. If it was not clearly explained that children can roll out of the Bumbo Baby Seat causing a fall, then the manufacturer may be liable. If the risk of injury was not clearly expressed, then the manufacturer may be liable.
If your child has been injured while using a Bumbo Baby Seat, contact my office right away for a free consultation. We are experienced product liability attorneys and will begin working on your case right away. A great deal of investigation and discovery will be required to prove that the manufacturer sold a defective product so it is imperative that you contact a personal injury attorney right away. There is never any fee unless we are successful in obtaining compensation for you and your child.