Jogging strollers are specialized products for infants and small children. They are similar to regular strollers, but they are designed and outfitted with different wheels and a different structure, so that a parent can jog or run while pushing the stroller with the infant. They may also be lighter than other strollers, again to facilitate jogging while pushing the stroller.
These strollers can present certain dangers for both the infant and the adult handling the stroller. For the infant or child, injuries and safety risks generally involve falls or crashes, and can include:
- Head injuries such as concussions;
- Injuries to the face;
- Dental injuries;
- Broken bones;
- Cuts or abrasions.
For the adult, injuries can also include broken or fractured bones, scrapes and cuts. Injuries can be more serious if a motor vehicle is involved. This can occur if the jogging stroller is used in an area with high traffic.
How Do Jogging Stroller Accidents Happen?
Jogging stroller accidents can happen in a variety of ways as follows:
- Turn Overs and Falls: Injuries most often occur when a child falls from a stroller and hits their head and face. Often, the child falls because they were not properly strapped into the stroller. But if a person is jogging with a stroller and fails to notice an obstacle, the obstacle can cause the stroller to tip over;
- Wheels Falling Off: In one recent widely reported product defect case, dozens of stroller users claimed that the front wheels on their BOB jogging strollers fell off, causing flip over accidents and injuries to infants. This was because the stroller’s front wheel had a “quick release” feature that was prone to failure. Both adults and children suffered injuries, including bone fractures, face injuries, and head injuries.
- The federal Consumer Product Safety Commission (CPSC) did not issue a recall but agreed that the manufacturer, Britax, could issue a fix, a new bolt for the front wheel. In this way, a recall was avoided. But some parents claimed that the fix malfunctioned too and the stroller should have been recalled;.
- Collapse: The main structure of strollers may collapse because of faulty construction;
- Hinge Defects: Metal hinges that enable folding of the strollers can cause pinches, bruises and lacerations of fingers.
Other brands and models of jogging strollers have been recalled by the CPSC, because they were defective and the defects caused injuries to users. Before buying a jogging stroller, a person may want to check the website to identify brands and models they may wish to avoid, because it has been recalled. A product is recalled, because people who have used the strollers have complained about suffering injuries while using them.
What Can Users of Jogging Strollers Do to Use Them More Safely?
Of course, improper use of jogging strollers can cause some of the problems that result in injury themselves. Some steps that users can takes to use the strollers safely include the following:
- Strap the child properly into the jogging stroller to keep them securely in the stroller;
- Avoid hanging items such as bags on the handles of the stroller. If a bag falls off, the user can trip on it. It also affects the balance of the stroller negatively;
- Make sure that the stroller used is appropriate for a child of the size and weight of the child on board;
- Regularly check the CPSC’s website for recalls of unsafe strollers as well as other strollers and baby carriers.
Can I Sue for A Defective Jogging Stroller?
Of course, manufacturers and distributors of products are legally obligated to provide instructions for assembling and using products that are adequate. If the manufacturer and distributors of a product fail to provide adequate directions and warnings of potential hazards, then they can be responsible under the law of strict product liability for warning defects.
The law of strict product liability provides that the manufacturers and distributors of products are liable for the damage and injuries caused by defects in their products. In a strict product liability lawsuit the injured victim must only provide that a defect in a product caused injury to them.
The victim does not have to prove that negligence on the part of the manufacturer or distributors caused the defect. The victim can win an award of damages if they prove that the product was defective in some way and the defect caused their injuries. Proof of the connection between the defect and the injury is key in a product liability case.
Failing to provide instructions that enable the consumer to assemble and use a stroller safely can be the type of defect that would serve as the basis for a strict product liability lawsuit.
Who Can Be Held Liable for a Jogging Stroller Accident?
Depending on the situation, different parties or persons can be held liable for a jogging stroller accident. As explained above, in some cases, the manufacturer and distributors of a jogging stroller can be held liable for injuries if they are caused by some defect with the product. Warning defects are only one kind of product defect. Design defects and manufacturing defects can also give rise to strict product liability.
An example of this is where a jogging stroller is constructed poorly, causing one of the wheels to detach or fall off during use as happened with the BOB jogging stroller mentioned above. This can cause the entire stroller to flip over, resulting in serious injuries for both the infant and the adult. In such cases, the manufacturer might be held liable under product liability law.
In other cases, a retail store or establishment might be liable for negligence continuing to sell jogging strollers that are known to be dangerous or that have been recalled already. Other establishments, such as stroller rentals or babysitting services, could also be liable for negligence in a similar fashion if they knowingly use or provide defective strollers for patrons.
What Are the Legal Remedies in a Jogging Stroller Lawsuit?
Jogging stroller injuries can be serious and may require the victim to take legal action. In these types of injury lawsuits, the legal remedy will usually be an award of compensatory damages.
The damages should cover the economic losses suffered by the victim, including all costs of medical treatment, such as hospital bills, medication costs and the expense of surgery. Compensation for losses due to property damage can also be included in an award of damages. Finally, compensation for pain and suffering can be awarded.
As mentioned, some jogger stroller injuries can involve a collision with a motor vehicle. If the driver of the motor vehicle was at fault in causing the accident, then the user and child injured in the accident would sue the driver for negligence. If the victims are successful with their lawsuit, they would be awarded compensatory damages as in a strict liability lawsuit.
Do I Need a Lawyer for Help with Jogging Stroller Injury Lawsuit?
If you or your child have suffered injuries in a jogging stroller accident, you want to consult an experienced class action lawyer.
Your lawyer will be able to review the facts of your case and identify the role that a product defect or negligence on the part of another party may have played in causing your injuries. If a product defect is identified, or if it can be shown that another party was negligent, your lawyer can represent you in a lawsuit against the party who is responsible.
