Can I Sue if an Evenflo Product Hurt My Child?
Yes, if there is evidence that a design or manufacturing flaw caused your child harm, you can sue Evenflo on behalf of your child. As a parent, you may also have a claim for money damages for lost wages and cost of care. It is not necessary that a product be recalled for you and your child to have a lawsuit. To get compensation, it is not necessary for the product to be recalled. Our lawyers have handled many, many cases where a product caused severe personal injury or wrongful death and a recall was never issued.
Our law firm has helped families win multi-million-dollar cases against manufacturers, including $10 million for clients injured by a product made by another manufacturer.
Evenflo is a Miamisburg, Ohio company that manufactures juvenile products for infants, toddlers, and preschool-aged children. Their products include strollers, play yards/playpens, activity products, car seats, high chairs, doorway gates and others. The company began as several smaller organizations but now conducts sales operations in the United States, Canada, Mexico, and the Philippines.
Compensation for You and Your Little One
If your child has been injured or killed, and you suspect that the cause is a defective product, you and your surviving child may have claims against Evenflo and others. If your child has suffered a personal injury, you may be able to sue for medical expenses, cost of care, lost income, pain and suffering, emotional distress, disfigurement, loss of quality of life, and other damages.
We understand that no amount of money can fully compensate you and your little one, but our experience is that families that hold wrongdoers accountable feel some sense of justice being done.
If your child did not survive his or her injuries, we are deeply sorry for your loss. You have the right to seek justice with a wrongful death lawsuit against all wrongdoers. Our attorneys have helped many families like yours. In one of our cases, a baby died in a product (not made by Evenflo) that was clearly defective in design, which caused babies to roll over onto their faces and be suffocated. Attorney Fred Pritzker contacted the U.S. Consumer Product Safety Commission and urged them to force a recall, which the agency did. Sometimes lawsuits save lives.
- A March 2010 recall involved about 150,000 defective wooden gates associated with 142 incident reports. The Top-of-Stairs Plus gates have wooden slats that can break or become detached. The company is aware of 142 incidents in which this happened, and several of those incidents involved children gaining access to the other side of the gate and in some cases falling down stairs. The children who fell suffered bruises, bumps, scrapes, and scratches. The company will replace recalled gate models, which include 10502 and 10512. Recalled gates were manufactured October 2007 through July 2009 and sold from October 2007 through March 2010 at Toys “R” Us, Burlington Baby Depot, Kmart, and other juvenile product and mass merchandise retailers nationwide, and online at Amazon.com and other online retailers.
- In April 2009, Evenflo expanded a December 2008 recall of Majestic High Chairs due to choking hazards and fall hazards. The first recall involved 95,000 high chairs, and was expanded to include an additional 90,000 defective high chairs. The backs on the high chair seats can tip backwards due to loose or missing screws, allowing children to fall. Since the initial recall, the company has received ten reports of children falling and suffering injuries including bumps and bruises, some to the head, some on other parts of the body, and minor abrasions. In all, 16 incidents have been reported in which seat backs have reclined, fallen, or become detached. The company has also received 145 reports of screws falling out, which poses not only a fall hazard but a choking hazard. In one reported incident a child was found mouthing loose screws and screw caps. The model numbers for this expanded high chair recall can be found on a sticker on the seat back and include: 3001395, 3001395A, 3001604, 3001700, 3001713, 3001713A, 3001730A, 3001732, 3001733, 3001742, 3001742A, 3001756, 3001821A, 3001840A, 3001845, 3001848, 3001852, 3001932, 3002719, and 3003845. The recalled high chairs were sold from January 2007 through March 2009 nationwide at children’s product stores and mass merchandise retailers including Toys“R”Us, Babies“R”Us, Walmart.com, and Burlington Coat Factory.
- After more than 600 incidents of handles releasing and over 100 injury reports, Evenflo recalled certain Embrace Infant Car Seat/Carriers in May 2007. About 450,000 units were recalled because the carrier handle can release unexpectedly, allowing babies to fall to the ground. Of the 679 reports of handles detaching, 160 involved injuries to infants, including a fractured skull, two concussions, cuts, scrapesand bruises. The Embrace Infant Car Seat/Carriers affected by this recall include model numbers beginning with: 317, 320, 397, 398, 540, 548, 549, 550, 556, 597, 598 or 599. These numbers are located on the bottom of the carrier. The recalled carriers and car seats were sold from December 2004 through September 2006 as single carriers or in a carrier-stroller combination at department and children’s stores nationwide. Parents and caregivers should not use the handles until a repair kit has been installed, however the product still functions safely as a car seat.
- The company recalled 364,000 portable wooden Evenflo and Gerry brand cribs due to a fall hazard in January 2003. The recall involved crib mattresses that could fall through the mattress support platform if certain crib hardware was not sufficiently tightened. The recall was prompted by 41 reports of mattresses falling through cribs to the ground, and 17 of those incidents involved children who suffered bumps, scratches and bruises. The portable wooden cribs are smaller than typical baby cribs. Many were sold under the Gerry brand name. Model numbers are located on the mattress platform and include: 8212 8222 8232 8242 8252 8282 8301 8302 8311 8312 8321 8322 8331 8332 8341 8342 8351 8352 8381 8382 8512 8522 8532 8542 8552 8582 8712 8752. Parents and caregivers should stop using the cribs immediately and call the company for a free upgrade kit.
- In May 2001, the company recalled about 3.4 million Joyride infant car seat/carriers because the handles could release unexpectedly and cause babies to fall to the ground. The company received 97 reports of injuries including fractured skulls, concussions, a broken leg, scratches and bruises. In all, there were 240 reports of handles releasing. The model numbers affected by the recall begin with 203, 205, 210, 435 or 493, and are located underneath or on the side the car seat/carrier. The recalled carriers, which are gray or white plastic with various types of seat pads, were sold alone or as Travel Tandem sets with matching strollers. Mass merchandise, major discount, and juvenile product stores sold the car seat/carriers from 1988 through 1998.
- About 20,500 Home Décor Swing wooden baby gates were recalled in 2001 after receiving nine reports of children falling down stairs after the gates broke. Three of these children suffered bumps and bruises to head and body; one child had a loose tooth after falling down the stairs, and one child mouthed broken pieces of the gate but did not choke. The defective baby gates have plastic mounting hardware that attaches to the wall that can break, which is the defect that has allowed the wooden gates to unlatch, and also poses a choking hazard for small children. The gates have wooden spindles and come in oak or cherry finishes. Model number 1555/6 is included in the recall. This number can be found on a label on the bottom of the gate. These gates were sold in catalogs, department stores, and children’s product specialty stores from June 1999 through September 2001. Read more: Evenflow Gate Recall Lawsuit.