Parents Sent Defective Replacement Parts
While no one should suffer an injury from a defective product, it is especially difficult when the injured parties are babies. That is the case with the Britax Child Safety Company’s popular BOB jogging stroller. The front wheel of the stroller can suddenly fall off, causing the stroller and its occupant to flip over. Many – both children and adults – have sustained serious injuries, including broken bones, smashed teeth and gashed faces. Blood poured out of the ear canal of one toddler.
A Settlement to Avoid Recall
The Consumer Product Safety Commission (CPSC) settled with Britax last year after investigating approximately 100 injuries caused by the failure of the BOB’s front wheel. The CPSC recommended the company issue a voluntary recall. Britax claimed the strollers were safe when used as instructed. When the CPSC sued to force a recall in early 2018, Britax, unusually, kept fighting.
Changes in administration at the CPSC made the agency more amenable to a settlement. Britax did not want the agency to recall the strollers, so the settlement included an online safety campaign by Britax and giving customers alternative ways of screwing on the stroller’s front wheel. However, these bolts, shipped to customers from Britax, were apparently defective.
In a statement, Britax representatives admitted 197 customers received the defective bolts, but no injuries were reported. The company is at work on a new bolt. Although no one was harmed, customers receiving the replacement bolts said they broke soon after installation. As one father put it, he felt lucky his 7-month-old daughter was not in the stroller.
A Close Vote
In November, 2018, the CPSC agreed to the settlement by a vote of 3-2 by its commissioners. The CPSC informed reporters it was aware of the defective bolt issue, but four commissioners later contacted by the press had not yet been informed. One commissioner, who voted in favor of the settlement, referred to the defective bolt issue as “deeply disturbing.” Another commissioner, who voted against the settlement, said this is the kind of response to expect when a formal recall does not occur.
Possible Settlement Violation
Britax may have violated the settlement due to its failure to send notices to resellers regarding the safety campaign in a timely manner. This was a stipulation of the settlement. Again, Britax claims it did send these notices on time, but at least one major retailer has no record of receiving any such notices.
Philadelphia Products Liability Lawyers at McCann & Wall, LLC Pursue Claims for Those Injured by Defective Products
If you or a loved one has been seriously injured because of a defective product, you need the services of an experienced Philadelphia products liability lawyer at McCann & Wall, LLC. You may be entitled to compensation if your injuries were caused by defects in the product’s design, manufacturing, or marketing. Call us today at 215-569-8488 or complete our online contact form to schedule a free initial consultation. We proudly assist clients throughout Philadelphia, Delaware County, and Chester County, Pennsylvania, as well as the areas of Wilmington, Delaware, and New Jersey.