The U.S. Consumer Product Safety Commission has announced a voluntary recall of 223,000 strollers produced by Peg Perego, USA Inc., CNN reports.
The recall comes after the heads of two infants became trapped between the tray and the seat of the strollers. One of the infants died as a result. Parents of children who were injured by the defective strollers may want to bring product liability suit against Peg Perego in order to be compensated for the injuries.
The defective Venezia and Pliko-P3 models were manufactured between January 2004 and September 2007 and sold in retail outlets across the nation. According to a CPSC press release, due to a design flaw, an infant can pass through the opening between the stroller tray and the seat bottom, causing his or her head and neck to become trapped by the tray. The entrapment can lead to strangulation.
According to the CPSC, infants younger than 12 months are at a higher risk of strangulation. In 2004, a 6-month-old baby boy from Tarzana, California died of strangulation when his head became trapped between the seat and the tray of his stroller. In 2006, a 7-month-old girl from New York nearly died after her head became trapped, the press release states.
Manufacturers and sellers can be held liable for placing defective products in the hands of consumers. Generally, a product must meet the expectations of the consumer. A product that has an unexpected defect or danger doesn't meet consumers' ordinary expectations.
The recalled strollers have a design defect, meaning the way the strollers are designed creates an unexpected danger to their users. In order to bring a successful product liability suit, the parents of the injured infants would have to show that the stroller's design was "unreasonably dangerous," the injury occurred while the stroller was being used in the intended manner, and that the stroller hadn't been altered in any way.
Since most consumers wouldn't expect a stroller to strangle their child, the families of any infants injured by the strollers probably have a viable product liability claim against Peg Perego, USA Inc. For a complete list of the recalled models, take a look at the CPSC press release.
- Call an Atlanta Personal Injury Attorney (FindLaw)
- Peg Perego recalls hundreds of thousands of strollers after baby's death (The Associated Press)
- What Is an Unavoidably Unsafe Product? (FindLaw)
- Legal Basis for Liability in Product Cases (FindLaw)