It was in April of 2019 that Fisher-Price recalled their Rock N’ Play Sleeper, but it is still found in many daycare centers today. The sleeper is positioned on an incline and has restraints to hold the child securely in it while they are rocked to sleep. Today, it has been blamed for over 30 infant deaths in the United States. So, why are some daycare centers still using it? They simply do not know about the recall.
A study conducted in August by the U.S. Public Interest Research Group and Kids in Danger showed that one in ten daycare centers are still using the dangerous rocker. When one father asked his child’s daycare center why, they said they simply did not know about the recall.
“Manufacturers must do more to ensure that consumers are aware of defects and recalls,” says James Amaro, Texas personal injury attorney of Amaro Law Firm. “When they simply issue a public recall and do not ensure all consumers are aware of it, they can still be held liable for injuries and fatalities.”
That is true, although consumers must also do their part. To bring a product liability lawsuit for a recalled defective product, consumers still have to prove all parts of their case, just like any other product liability claim. Although showing the manufacturer issued a recall can help prove the defect, consumers must still show other evidence, such as witness testimony and pictures of the actual product.
These elements of proof are particularly important when courts do not allow evidence of the recall to be brought into a case. Courts sometimes make this decision so as not to bias the jury who are then, it has been argued, unable to consider other evidence properly.
Many families have already started the process of filing a lawsuit against Fisher-Price for the death of their children. In April, shortly after the recall was announced, two class-action lawsuits were filed against the company. However, while it seems as though this is a clearcut case of negligence, that is not always the case with recalls. These cases are often more complicated than they first seem. Anyone wishing to file a lawsuit should always speak to a product liability lawyer that can help them get the justice every family hurt by these sleepers deserves.