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Product Recall: Bumbo Baby Seats. The USCPSC in conjunction with the Bumbo International in voluntarily recalled the Bumbo Baby Seats after it was reported that close to 45 babies fell out of a Bumbo seats while it was being used on an elevated surface. Even after the company agreed to place the warning ‘prevent falls: never use on any elevated surface’ still 50 infants had maneuvered or fell out of the seats used on floor and at unknown elevations. Baby falling from these seats obtained skull fractures and other related injuries. Product Recall: Bumbo Baby Seats.
In this case, the Bumbo international is liable of negligence. Although a cause of action based on strict liability in tort can be established without proof of negligence, this tort is a necessary basis in product liability cases (Koster and Weinraub, 2006).
Further still, since Bumbo Baby seats are relatively large and clearly visible by the time of purchase, the manufacturer can assert that the buyer had all due responsibility in determining whether his or her kid was in a position of using the seat(Koster and Weinraub, 2006). After the warning the manufacturer went as far as to warn the users never to place the seat on elevated areas and may point out that the caretaker ignored the warning. Further the manufacturer may argue that the risks of infants’ falling off are well known to parents and they should have taken the necessary care.
List of references
Koster, W. & Weinraub, D. (2006). Product liability in New York: A memorandum discussing the plaintiff’s burden of proof in products liability actions in the state of New York. Retrieved on Dec. 1, 2011 from http://www.ckbblaw.com/library/products.pdf
USCPSC (2011). Serious head injuries to infants continue due to falls from Bumbo baby seats used on elevated surfaces; injuries occurring despite previous recall warning; parents urged to use caution. Retrieved on Dec. 1, 2011 from http://www.cpsc.gov/cpscpub/prerel/prhtml12/12047.html