Florida Boppy Lounger Recall Lawsuit Lawyers

Florida injury attorneys can guide legal action addressing recalled Boppy Newborn Loungers.

September 27, 2021

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The U.S. Consumer Product Safety Commission (CPSC) and The Boppy Company of Golden, Colorado, have recalled the Boppy Original Newborn Loungers, Boppy Preferred Newborn Loungers and Pottery Barn Kids Boppy Newborn Loungers.  After eight infant deaths caused by suffocation were associated with the Boppy Newborn Lounger when infants were placed on their back, side, or stomach on the lounger and found on their side or stomach, the Acting Chairman Robert S. Adler stated that the products are simply “…too risky to remain on the market.”    The reported infant deaths occurred between December 2015 and June 2020.

Widespread recall.

The recall includes about 3.3 million baby loungers and comes almost one year after the CPSC issued a safety warning about similar baby pillow products.  If you or a loved one has suffered injury or loss caused by the Boppy Company product, contact Florida Boppy Lounger recall attorneys who understand the necessary steps to be undertaken to address related harms.  This recall involves all Boppy Newborn Loungers that were sold in a variety of colors and fashions and measure about 23 inches long by 22 inches wide and 7 inches high.  Florida residents who have suffered loss due to infant fatality or injury may need to initiate a Boppy Lounger recall lawsuit in Florida.

Parent education and awareness.

According to a company spokesperson  “Boppy is committed to doing everything possible to safeguard babies, including communicating the safe use of our products to parents and caregivers, and educating the public about the importance of following all warnings and instructions and the risks associated with unsafe sleep practices for infants. The lounger was not marketed as an infant sleep product and includes warnings against unsupervised use.”  The CPSC issued a warning on October 7, 2020 highlighting the dangers associated with the use of pillow-like infant products, including nursing pillows and “lounging pads.”  The warning stated that these products are not designed for, nor are they safe for sleep.  Boppy Lounger recall lawyers in Florida can explain if this warning might impact claims for harms related to the Boppy products.

Dangers of entire class of products.

The CPSC identified deaths possibly associated with all pillow-like products and continues to analyze incident data with the goal of determining the risks with these products and providing more clarity to the public on any risks associated with these products. The initial assessment of incidents shows deaths when children are left on or near pillows, and the child rolls over, rolls off, or falls asleep. A Boppy Lounger death attorney in Florida can file the appropriate paperwork in court when a wrongful death is associated with a Boppy Lounger product. CPSC is investigating the entire class of products after infant fatality was related to lounger pillows.

Infant product injuries can lead to a manufacturer vigorously defending any negative litigation to maintain company value. Part of that effort is to recall defective products, devices, and repair, or replace the harmful product, component, or device.  It is important to speak with a lawyer who has experience with product liability laws addressing the three main types of  defects.  Products may result in harm due to design, manufacture, or marketing defects.

  • Design. A device could malfunction because it was designed incorrectly, or there were problems at the design stage that were not addressed before the product was manufactured and made available to consumers.
  • A device may have been designed with no defects, but during the manufacture process, or assembly of a device, a mistake that causes a malfunction during proper use may be identified, but not corrected.
  • Marketing defects usually involve a failure to warm of possible dangers, false claims related to a certain device, or inaccurate warning labels.

A product is considered defective if it poses unreasonable dangers to individuals who purchase and utilize it in accordance with the directions and warnings provided.  Florida Boppy Lounger lawsuit lawyers will work with victims who have suffered from infant product defects harms through individual case building, or as part of a class-action lawsuit, when many individuals have suffered similar losses by the use of the same product.

Consumer actions.

Once a consumer has established that their Boppy Infant Lounger is listed on a recall notice, they should contact the company for a refund and destroy the product. You might be able to receive money back on any Boppy loungers purchased between 2004 and 2021.  Because the product was deemed unsafe for infant sleep, replacements are not being offered. Depending on how old the lounger is, the refund may be prorated. No matter when or where it was purchased, the company is asking customers to destroy their loungers in order to receive the refund. For more information, visit boppy.com/loungerrecall or call 1-800-416-1355.

CSPC new federal safety standards.

Beginning in mid-2022, the CSPC reports, any product intended or marketed for infant sleep must meet a new federal safety standard. That may come as a surprise to parents who assume that these products are already checked for safety, but many are not tested to the latest standards. Until the new law takes effect, products similar to the Boppy lounger or inclined sleepers may still be marketed as baby sleep products. Parents should keep in mind guidelines for safe sleep environments.

Drawbacks to legal action.

Defective product lawsuits can be drawn out, costly, time consuming and stressful for victims, especially those who have suffered the loss of a child.  Many legal actions consider that consumers are owed a specific duty by manufacturers and strict liability laws allow harmed individuals to sue a manufacturer, or seller of a defective product.  Experienced product liability attorneys have cultivated relationships with judges, regional attorneys, court administration and potential case experts supporting effective movement of defective product litigation and its harmful effects on Florida consumers.  A competent Florida Boppy Lounger lawsuit lawyer at Smith & Vanture Injury Firm can recover necessary damages in the best interests of their clients.

Negligence.

Negligence laws are established at the state level, and claims must be proven to warrant damage awards.  Personal injury lawsuits for defective and dangerous products are often more complex because manufacturers are liable under different legal principles.  Families who have suffered infant fatality related to the use of dangerous pillow-like product should contact a Boppy Lounger death lawyer for legal guidance toward damage recovery.  If a consumer unknowingly purchases a defective product and is harmed by the recommended use of the product, they may file a product liability lawsuit against any responsible party.  In the case of infant sleep products, dangers may include severe harmful, and life-threatening outcomes through suffocation.  

Stream of commerce.

liability

The stream of commerce theory references the principle that individuals who participate in placing a defective product in the general marketplace should be held strictly liable for harm caused by the product.  Identifying responsible parties to a defective product case will require research to determine what step in the process led to the negative outcomes.  The list of possible negligent parties includes the manufacturer of a product; the manufacturer of an integral part, or ingredient used in the manufacture of the product; companies who assemble, or install a product; wholesalers; advertisers; and retailers of the product.  Since multiple parties may be responsible for the risks associated with a defective infant product, legal action can be initiated against any, or all parties, including retailers who sell the product.  Pottery Barn may be named as a party to any legal action for selling the Boppy Infant Lounger.

Defective infant product litigation.

Defective infant sleep product claims can be initiated regarding the dangers associated with a product asserting product liability, breach of warranty, or strict negligence.  Defect infant product manufactures can be sued for:

  • Breach of warranty. Product fails to live up to manufacturer, or seller statements regarding safety and use.
  • Consumer fraud for deceptive trade practices. Basically, deceptive trade practices result in misleading, or misinforming the recipient of goods or services. The most common example of deceptive trade practice is false advertising.
  • Defective product design. Strict product liability addresses products that are unreasonably unsafe, and dangerous in their design, manufacture, or method of sale.
  • Failure to warn. Lack of transparency regarding possible side effects that manufacture was, or should have been aware of.
  • Fraudulent, or negligent representation.
  • Negligence per se, gross negligence Reasonable design and manufacture of a product upholding owed duty of care to consumer did not occur.

Hire a  Florda Boppy Lounger Recall Lawyer.

It is important to have the guidance of seasoned legal counsel for Boppy Lounger lawsuits defective infant products that may require a plethora of witnesses and infant sleep expert evidence that may prove some degree of negligence.  Skilled injury attorneys can assist families who have suffered loss through settlement awards.

 

Smith & Vanture

The Accident and Injury Law Firm You can Trust

West Palm Beach, FL 33409

Get Directions

Local: 561-684-6330
Fax: 561-688-0630

 

Sources:

https://www.cbsnews.com/news/boppy-lounger-recall-infant-deaths/

 

https://www.cpsc.gov/Newsroom/News-Releases/2021/CPSC-Warns-Parents-Not-to-Use-Nursing-Pillows-for-Sleep-Agency-Is-Investigating-Infant-Deaths-that-May-Be-Associated-with-Pillow-Like-Products

 

https://www.cpsc.gov/Recalls/2021/The-Boppy-Company-Recalls-Over-3-Million-Original-Newborn-Loungers-Boppy-Preferred-Newborn-Loungers-and-Pottery-Barn-Kids-Boppy-Newborn-Loungers-After-8-Infant-Deaths-Suffocation-Risk

 

https://www.cpsc.gov/Newsroom/News-Releases/2021/Parents-and-Caregivers-Reminded-of-Safe-Sleep-Guidance

 

https://www.yahoo.com/lifestyle/boppy-newborn-loungers-recalled-refund-164100370.html?fr=sycsrp_catchall