The United States Consumer Product Safety Commission (CPSC) announced on December 20, 2016 that Aria Child, a manufacturer of strollers for children, must recall its Qbit lightweight stroller. A gap in the hinges of the stroller poses an unreasonable risk of a pinch injury resulting in lacerations to the adult users. In addition, the hinges are defective in that they can allow the stroller to unexpectedly close during use, resulting in a fall hazard to the child.
Retailers are Legally Responsible Under a “Stream of Commerce” Theory
The recall applies to 29,400 strollers made between March 25, 2016 and March 9, 2016 and affects colors raspberry, white, charcoal, aqua, and citrus lemon. These strollers were sold at Babies R Us, Albeebaby.com, Amazon.com, Dmartstores.com, Medbroad.com, and other retailers. A free replacement stroller is available. Use of the recalled stroller should be discontinued immediately. In the world of Florida product liability law, the retailer is held strictly liable under a “stream of commerce” theory for dangerous products sold to the public in addition to liability of the manufacturer. This means that you can sue both the product manufacturer and the retailer for the defect. Oftentimes, the case against the retailer is the better case because the retailer has a reputation and to maintain but the manufacturers are often foreign companies in China or Vietnam. Those manufacturers frequently do not have the financial means to cover a significant claim and, if they are hit with a significant judgment, can simply shift operations to a new entity to avoid paying a civil judgment. Established retailers have too much invested in their “brand” and cannot do that. This is why retailers should be wary about the products that they sell and should test them before placing them on the market.
Serious Injuries Can Result To A Child From a Stroller Collapse
The manufacturer reports that there have been 5 incidents resulting in pinch injuries by the stroller hinge and 71 reports of the stroller unexpectedly folding or collapsing during use. As a result, there are 12 reported bumps and bruises to a child and one report of a fracture wrist to an adult caregiver. It is common sense that strollers are used over hard surfaces such as hard floors and sidewalks. When you place your child in a stroller and strap them in, you expect that they are going to be safe from the mayhem in the world around. Being in the stroller is supposed to be a safe place where a parent can put a child and relax a little bit. If the stroller unexpectedly folds and collapses, the most significant risk of injury is the child’s head hitting a hard floor or surface. This can result in a traumatic brain injury that may impact the rest of the child’s life.
How to Get a New Replacement Aria Qbit Stroller
Aria Child toll-fee (888) 591-5540 or go to www.ariachild.com to click on “Qbit Lightweight Stroller Recall Information”
Talk To A Florida Product Liability Attorney For Free Legal Advice Today
If your child was injured due to an Aria Child Qbit stroller that collapsed or folded unexpectedly, please contact a Florida product liability attorney for a free case review. Injuries from a defective stroller can include traumatic brain injury to the child from falling, broken bones, and finger amputations from the hinges when the stroller malfunctions. Finger amputations were not specifically mentioned by the recall but any stroller that can unexpectedly collapse can result in a finger amputation to a child when it does fold or collapse. Kids will frequently grab onto or hold the structural support bars. Aside from hitting the ground, this is why the stroller should lock into place and the hinge should not easily become disengaged. If this happened to your child, professional legal help is likely the only path to justice and real change.