Bringing a child into the world is joyous, and strollers are essential tools for modern parents. But what happens when that tool malfunctions, leading to a scary accident? If you or your child has been injured due to a faulty stroller, you may have a stroller accident claim. This article will walk you through your rights and how to recoup your losses.
Understanding the Common Causes of Stroller Accidents
Stroller accidents are unfortunately common. A 2023 report by the Consumer Product Safety Commission (CPSC) estimated that thousands of children are injured annually in stroller-related incidents. Common causes include:
- Tip-overs: Strollers become unstable, often due to uneven surfaces or excessive weight.
- Collapses: The stroller frame suddenly folds or collapses.
- Wheel Detachment: Wheels fall off, causing the stroller to stop abruptly.
- Braking Failures: Brakes fail to engage properly, leading to runaways.
- Entrapment: Children become trapped in harnesses or other parts of the stroller.
What to Do Immediately After a Stroller Accident
Your immediate focus should be on the well-being of your child. Seek medical attention, even if the injuries appear minor. Document everything! Take photos of the stroller, the accident scene, and any visible injuries. Write down exactly what happened as soon as possible, while the details are fresh in your mind.
Consider reporting the incident to the CPSC at SaferProducts.gov. This alerts the agency to potential safety issues and helps track trends.
Is It a Stroller Defect? Identifying the Brand and Potential Liability
A stroller accident claim usually hinges on proving a product defect. There are generally three types of product liability claims:
- Manufacturing Defect: The stroller was designed correctly, but a flaw occurred during the manufacturing process. For example, a weld might have been weak.
- Design Defect: The stroller’s design itself is inherently dangerous. For example, a high center of gravity making it prone to tipping.
- Failure to Warn: The manufacturer failed to provide adequate warnings about potential hazards. This includes weight limits or instructions on safe usage.
Identifying the brand and model of the stroller is crucial. Keep all receipts, packaging, and manuals. Be aware that brands might try to argue that the accident was due to misuse (exceeding weight limits, modifying the stroller) or normal wear and tear. They might seek maintenance records or usage patterns to support this.
Building a Strong Stroller Accident Claim: Evidence and Documentation
Solid evidence is the cornerstone of a successful claim. This includes:
- Medical Records: Documenting all injuries and treatment.
- Photos and Videos: Of the accident scene, the defective stroller, and the injuries.
- Witness Statements: If anyone witnessed the accident, get their contact information and a written statement.
- Expert Testimony: In some cases, an engineer or product safety expert may be needed to analyze the stroller and identify the defect.
Navigating the Legal Process: Filing a Stroller Accident Claim
Consult with a personal injury attorney experienced in product liability. They can assess your case, advise you on your rights, and guide you through the legal process. The statute of limitations, which is the time limit for filing a lawsuit, varies by state. In some states, it’s two years from the date of the accident, while others may allow longer. Missing this deadline means you lose your right to sue.
Your attorney will likely investigate the accident further, gather additional evidence, and negotiate with the manufacturer’s insurance company. If a settlement cannot be reached, a lawsuit may be filed.
Recouping Your Losses: Damages Available in a Stroller Accident Claim
If your stroller accident claim is successful, you may be entitled to compensation for:
- Medical Expenses: Past and future costs related to treating your injuries.
- Lost Wages: If you had to take time off work to care for your child or recover from your own injuries.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you’ve experienced.
- Property Damage: Replacement or repair costs for the damaged stroller or other property.
Remember, you have rights. If a defective stroller caused an injury, seeking legal counsel is crucial to ensure you receive the compensation you deserve.
