Legal Question in Product Liability in Florida

Product Liability

17 mo old grandson was in his Evenflo highchair and the back gave way for no reason and he fell to the floor hittiing his head really hard. He appears to be ok but his mother will call his pediatrician to seek advice on if he should be seen. She called Evenflo who told her they had a defective highchair manfactured during a specific time period and that they would immediately send her a new chair or a refund and would pay any medical bills incurred. His mother was never aware of any recall Evenflo had out on this highchair. Nothing ever came in the mail of a recall. Even if the baby appears to be ok right now who knows what might appear as he grows. How should they handle this situation to protect theirs and the baby's rights should something not apparent right now be apparent in the near future. Thank You for any assistance you can give us.


Asked on 9/20/07, 11:57 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Product Liability

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the child is ok, there is no future injuries. Children take falls and hit their heads everyday. There was no way for the company to notify the mother if the chair was not "registered" with the company (if they even ask for such registration) for a high chair. Recall notices are usually sent to the media and it is there choice whether or not to run the information in their publication. If Evenflo is offering to pay for the medical bills incurred and to replace the chair, what more do you seek since there is no injury?

Scott R. Jay, Esq.

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Answered on 9/24/07, 12:32 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Product Liability

You should speak with a lawyer. Some things to remember. Don't sign anything without a lawyer looking at it. You have 4 tears to bring a claim, but sometimes youshould not wait. DO NOT THROW THE DEFECTIVE CHAIR AWAY. The only way to prove that there is anything wrong is if you keep the chair. It is evidence. Don't use it agains, but gosh don't throw it away or alter it in any way whatsoever.

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Answered on 9/20/07, 9:19 pm


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