Baby bouncers, or infant bouncers, are small carriages intended to carry babies in a reclined position. They “bounce” the baby through mechanisms that can include springs, flexible metal parts, electronic means, and other devices.
Baby bouncer seats are associated with different kinds of injuries and mishaps, including:
- Falls from the bouncer
- Bouncer tip-overs
- Accidental explosions or fires due to battery explosions
- Injuries caused by breakage of parts
- Suffocation or strangulation injuries
Injuries caused by baby bouncers can be severe, including head, neck, and skull injuries.
Extremely hazardous or life-threatening situations can ensue if the baby bouncer tips or turns over and traps the infant underneath (especially if there is a soft surface underneath, such as a bed, couch, or blanket). Cases where the same bouncer product injures many infants may result in a recall of the product.
Who Can Be Held Responsible for Baby Bouncer Accidents?
Depending on the circumstances of the accident, various parties can be held accountable for a baby bouncer accident. In many circumstances, the manufacturer of a baby bouncer product can be held responsible if a product defect causes the injury. An example is when the manufacturer used materials that did not meet industry safety standards to construct the baby bouncer. If an injury happens because the product collapses, there may be a claim under product liability laws.
In other circumstances, a person responsible for the care of an infant, such as a caretaker or nursery professional, may be held accountable for injuries. An instance is if an infant caretaker puts an infant in a bouncer that they knew or should have known was defective. The individual might be held liable for the injuries under negligence laws in this circumstance.
Are There Any Legal Remedies for Baby Bouncer Injury Claims?
Baby bouncer injuries can be severe and may need legal action to settle any claims. In such lawsuits, the remedy will often include a monetary damages award issued to the injured party. The damages may cover hospital treatments, medical costs, expenses of any surgeries or therapy, and other similar losses.
In cases where several babies have been injured, a class-action lawsuit might be filed in addition to earlier recall measures.
How Much Is An Injury Case Worth?
Valuing an injury claim starts with understanding the different types of compensable losses.
Suppose you’re contemplating filing a personal injury lawsuit. In that circumstance, you may be wondering, “What is my case worth?” The answer comes down to “damages”—deducing what your injuries have cost you monetarily, physically, and mentally (and, in some circumstances, whether the defendant’s conduct should be punished).
In a personal injury case, money damages are paid to an injured individual (the plaintiff) by the person or company who is found to be legally accountable for the accident (the defendant or their insurance company). After a negotiated settlement, a damages award can be settled upon between the parties, their insurance companies, and their lawyers.
Compensatory Damages
Most personal injury damages are categorized as “compensatory,” meaning they are planned to compensate the damaged plaintiff for what was lost due to the accident or injury.
A compensatory damages award is meant to make the injured plaintiff “whole” again from a monetary standpoint (to the extent that’s feasible). This means attempting to put a dollar figure on all the outcomes of an accident. Some compensatory damages are fairly straightforward to quantify—like restitution for property damage and medical bills. But it’s more difficult to set a monetary value on “pain and suffering” or the incapacity to enjoy hobbies because of physical constraints compelled by lingering accident-related injuries.
Medical Treatment
A personal injury damages award almost invariably contains the price of medical care associated with the accident—repayment for treatment already obtained and payment for the estimated expense of medical care needed.
Pain and Suffering
You may be permitted reimbursement for the pain and severe discomfort you suffered during the accident and its immediate aftermath and any ongoing pain attributed to the accident.
Emotional Distress
Usually connected to more serious accidents, emotional distress damages are meant to repay a personal injury plaintiff for the psychological effect of an injury—including anxiety, stress, and sleep loss. Some states regard emotional distress as part of any “pain and suffering” damages awarded to a personal injury plaintiff.
Loss of Enjoyment
When injuries induced by accident keep you from appreciating day-to-day pursuits like amusements, exercise, and other recreational actions, you may be allowed to obtain “loss of enjoyment” damages.
Loss of Consortium
In personal injury cases, “loss of consortium” damages generally relate to the effect the injuries have on the plaintiff’s relationship with their spouse—the loss of companionship or the incapacity to preserve a sexual relationship. Some states view the distinct impact on the connection between a parent and their child when one is injured.
In some circumstances, loss of consortium damages is awarded directly to the impacted family member rather than to the injured plaintiff.
Punitive Damages
If the defendant’s conduct is considered especially egregious or outrageously reckless, a personal injury plaintiff may be awarded punitive damages on any compensatory damages award. Punitive damages derive from a motive entirely separate from the justification tied to compensatory damages, which try to “make someone whole.”
Punitive damages are awarded to the injured plaintiff. The fundamental objective of these damages is to punish the defendant for its behavior—to “hit them in the pocketbook” and act as a deterrent. Since it isn’t uncommon for punitive damage awards to top tens of millions of dollars, most states have set some cap on punitive damage awards in personal injury cases.
How Plaintiff’s Measures (or Inaction) Can Impact a Damages Award
In some circumstances, an injured individual’s part in compelling an accident—or their idleness after being injured—can lessen the amount of damages available in a personal injury case.
Comparative Negligence
If you’re at fault (even partly) for the accident that induced your injuries, the chances are that any damage award will mirror that. Most states adhere to a “comparative negligence” standard that unites damages to the degree of fault in a personal injury case.
Contributory Negligence
In the tiny handful of states that observe the idea of “contributory negligence” for personal injury lawsuits, you may not be able to retrieve any payment at all if you’re considered somewhat to blame for the accident.
After the Accident: Failure to Mitigate Injuries
The law in most states anticipates plaintiffs in personal injury cases to take appropriate measures to minimize or “mitigate” the economic effect of the harm induced by the accident.
Suppose an injured plaintiff sits back and relaxes on their proverbial laurels when it isn’t appropriate to do so (by failing to get essential medical treatment after an accident and making their injuries much worse, for instance). In that case, a damages award might be greatly diminished.
Do I Need a Lawyer for Help with a Baby Bouncer Injury Case?
Baby bouncer injury lawsuits can be complicated and may require the assistance of a lawyer. It may be in your best interests to hire a class action lawyer in your area if you need help filing a claim. Your lawyer can provide advice and representation throughout the process.
