At Kherkher Garcia, LLP, we want parents to be informed when children’s products are recalled due to safety hazards. Injuries to children due to design or manufacturing errors is never acceptable, and parents deserve to know about their legal rights as consumers.
Below, our children’s product liability lawyers provide an overview of the recall, information about contusion injuries, and why it is important to get legal help after a product injury.
Toddler Tower Recall and Contusion Risk
According to the Consumer Product Safety Commission (CPSC), the Simplay3 Toddler Tower recall involves about 108,450 units sold in the United States and Canada between November 2018 and June 2023. The towers can tip over while in use, posing fall and injury hazards to young children.
The CPSC has received 16 reports of the towers tipping over, including 10 reports of injuries. Six of the injuries were head contusions.
The recalled towers have model number 41807. They were sold in a variety of colors including espresso, white, and gray. The name Simplay3 is printed on the base of the tower and along the upper railing of the tower.
Consumers should immediately stop using the recalled Simplay3 Toddler Tower and contact the firm to receive a free set of stabilizing bases to be attached to the toddler tower. To contact the Simplay3 Company, call 866-855-0100, or visit their website.
How are Defective Toddler Towers Dangerous?
Learning towers can be a great way for toddlers to help with chores and learn about their environment. However, it is important to choose a tower that is stable and safe. Parents should always supervise their children when they are using a learning tower.
Defective toddler learning towers can pose several hazards to young children. A toddler learning tower is a piece of furniture designed to help toddlers safely reach kitchen counters or other elevated surfaces, often with steps and rails for support. However, if these towers are poorly designed, constructed, or maintained, they can lead to various safety risks, including:
Instability
If a learning tower is not built with stability in mind, it can tip over easily. Toddlers climbing onto an unstable tower can fall and suffer injuries.
Poor Construction
Defective materials, weak joints, or improper assembly can lead to the tower collapsing or breaking while a child is using it.
Sharp Edges and Protrusions
Poorly finished or designed towers might have sharp edges, corners, or protruding parts that can cause cuts, bruises, or other injuries if a child brushes against them.
Entanglement Risks
Any small openings or gaps in the tower design can pose the risk of a child getting a body part stuck, leading to potential entanglement or strangulation hazards.
Pinch Points
Hinges, folding mechanisms, or other moving parts can create pinch points that could catch a child’s fingers or clothing, causing injury.
Unsecured Steps
Steps that are not securely attached to the tower can become loose or dislodged when a child climbs, leading to trips, falls, or other accidents.
Lack of Safety Features
A defective learning tower might lack essential safety features like non-slip surfaces on steps and platform, handrails, or barriers to prevent a child from falling off.
Top-Heavy Design
A poorly balanced or top-heavy design can make the tower more prone to tipping over, especially if a child leans too far or shifts their weight suddenly.
Choking Hazards
Small detachable parts, like screws or decorative elements, can become choking hazards if they come loose and end up in a child’s mouth.
Lead or Toxic Materials
If the tower is made from materials that contain lead or other toxic substances, it could pose health risks to children who may touch or mouth the surface.
As much as we want to trust the products that we purchase for our children, the reality is that sometimes, design or manufacturing defects pose a serious risk.
What Parents Should Know about Contusions
Contusions, commonly referred to as bruises, are a type of injury that occurs when blood vessels under the skin are damaged, leading to the leakage of blood into the surrounding tissue. This results in a visible discoloration of the skin, often characterized by a reddish or purple color at first. Later, the contusion may turn blue or green as the body breaks down and reabsorbs the leaked blood. Contusions are usually caused by blunt force trauma, such as a fall, impact, or pressure on the skin.
Treatment for contusions typically involves managing pain, reducing swelling, and promoting healing. Here are some steps you can take to treat contusions:
Rest
Allow the injured area to rest and avoid putting unnecessary pressure on it.
Ice
Applying an ice pack wrapped in a cloth to the bruised area can help reduce swelling and alleviate pain. Apply the ice for about 15-20 minutes at a time, with breaks in between to prevent skin damage.
Compression
You can use an elastic bandage or compression wrap to help reduce swelling and support the injured area. Make sure not to wrap it too tightly, as it could restrict blood flow.
Elevation
Elevating the bruised area above the level of the heart can help minimize swelling by allowing excess fluid to drain away from the area.
Pain Relief
Over-the-counter pain relievers like acetaminophen (Tylenol) or ibuprofen (Advil, Motrin) can help manage pain and discomfort. Follow the recommended dosage instructions and consult a doctor if you have concerns or if you’re giving these to a child.
Time
Most bruises heal on their own over time as the body gradually reabsorbs the leaked blood. This process can take a few days to a couple of weeks, depending on the severity of the bruise.
Avoid Re-Injury
Take precautions to prevent further injury to the bruised area while it heals. This may include avoiding activities that could worsen the condition.
In some cases, particularly if a bruise is accompanied by severe pain, persistent swelling, or difficulty moving the affected area, it is important to consult a medical professional. They can assess the extent of the injury and recommend appropriate treatment, including imaging tests like X-rays or ultrasounds if necessary, to rule out fractures or other underlying issues.
Remember that while most contusions are relatively minor and can be treated at home, it’s always a good idea to seek medical attention if you have any concerns about the injury or if it doesn’t appear to be healing properly.
Safety Tips When Purchasing Toddler Furniture
To ensure the safety of toddler learning towers, parents and caregivers should:
- Research and choose a reputable brand known for safe and well-designed products.
- Carefully read and follow assembly instructions.
- Regularly inspect the tower for signs of wear and tear, and address any issues promptly.
- Ensure the tower is placed on a flat, stable surface to prevent tipping.
- Always supervise children while they’re using the tower.
- Teach children how to use the tower safely and appropriately.
- Avoid placing the tower near hazards like hot stoves or sharp objects.
Remember that the safety of toddler furniture and equipment should always be a top priority to prevent accidents and injuries.
What to Do if Your Child is Injured by a Defective Product
If a child is injured by a defective product, it’s important to take immediate and appropriate actions to ensure their safety and wellbeing. Here’s a step-by-step guide on what to do:
Prioritize Safety and Care
Ensure the child’s safety and remove them from any further danger. If the injury appears serious, seek medical attention immediately. If it’s a minor injury, still consider having a medical professional assess the child to ensure there are no hidden complications.
Preserve Evidence
Do not discard the defective product or any related materials, such as packaging, labels, or receipts. These could be important evidence if you decide to take legal action or report the incident to authorities.
Document the Incident
Take photos of the defective product, the scene of the incident, and the child’s injuries. These visual records can be valuable when providing evidence of the defect and the resulting harm.
Gather Information
Record details about the product, including its brand, model, serial number, and where and when it was purchased. Note any identifying marks on the product, labels, or packaging that indicate the product’s origin and manufacturer.
Report the Incident
If the product appears to be genuinely defective and poses a safety hazard, report the incident to the appropriate authorities. In the United States, you can report to the Consumer Product Safety Commission (CPSC). If you’re in a different country, find the relevant consumer protection agency.
Keep Medical Records
Maintain a record of all medical treatment and expenses related to the child’s injuries. This documentation can be useful if you pursue legal action for compensation.
Contact the Manufacturer
If the defect is clear, contact the manufacturer or the retailer from which you purchased the product. Inform them of the incident, share your evidence, and request an investigation into the defect.
Avoid Altering the Product
Do not attempt to repair or modify the defective product. Keeping it in its original condition is crucial for investigations and legal proceedings.
Stay Informed
Stay updated on any recalls related to the product or similar products. Manufacturers may issue recalls to address safety concerns.
Consider Legal Action
If the injury resulted from a serious defect and negligence on the part of the manufacturer or retailer, you may want to pursue legal action to seek compensation for medical expenses, pain and suffering, and other damages. Your attorney can guide you through this process.
Get Help from a Children’s Product Liability Lawyer
The safety and wellbeing of our children is paramount. Taking appropriate actions to address an injury promptly and effectively is every parents’ first step. By carefully documenting a contusion injury and products involved, a defective children’s product lawyer can help ensure justice is served and similar incidents are prevented in the future.
If your child’s injury is serious or if you believe negligence or product liability is involved, contact the product liability lawyers at Kherkher Garcia. Our lawyers specialize in product liability cases, including defective or dangerous children’s products. We can help you understand your rights and legal options. If your child has a contusion injury, do not hesitate to call us at 713-333-1030, or complete our online contact form.
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