As products liability attorneys, we know that the makers of defective products often drag their feet on product recalls even when they have known for several years that those products could cause serious personal injury or even death to their unsuspecting consumer. Here's a perfect example of what I'm talking about. Maclaren, a manufacturer of strollers, agreed to a voluntary recall earlier this month, of all models of its products sold as far back as 1999 admitting that the fingers of 12 children were cut off by the stroller's hinges when they were opened or closed. What we're just hearing about now is that Maclaren knew about its product defects at least for the last five years, but did absolutely nothing about it. According to an article in the New York Post, Maclaren is now facing a fine of $1 million or more because they failed to report this potential hazard to the U.S. Consumer Product Safety Commission.

Reporting Dangerous Products

Product manufacturers are required by federal law to report to the CPSC immediately on learning of a problem with a product that makes it a substantial hazard or poses a potential hazard. Maclaren knew that their strollers could amputate little fingers as early as July 12 2004 when a toddler in Connecticut lost his pinky. Carlos DeWinter, the 23-month-old underwent two surgeries to get his pinky reattached, but without luck. What did Maclaren do then? They blamed the child's mom for her "negligence."

In 2007, an engineer and former compliance officer for the CPSC testified that the stroller had a substantial design defect stating that the stroller designed and made in China violated federal guidelines intended to prevent exactly this type of horrible "scissoring effect." Maclaren did not report this incident although they had a legal obligation to do so. Instead, they quietly settled with the DeWinters for an undisclosed sum, allowing many other young children to get their fingers amputated. CPSC is currently investigating the case.

Products Liability Issues

This may sound appalling, but it's far too common. Companies shy away from recalls because it costs them millions and affects their image. Although a few manufacturers are diligent about recalling defective products, most drag their feet or deny the product defects to make themselves look good. Maclaren, apparently, was no exception. Had they recalled these defective strollers right away, so many other young children would not have suffered the trauma of getting their fingers cut off! If your child has been a victim of these or other product defects, please contact a reputed personal injury lawyer who has successfully handled products liability cases to find out more about your legal rights and options. In such cases, injured victims may be eligible to seek compensation for medical expenses, cost of surgery, pain and suffering, emotional distress and other related damages.

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