My infant son was injured when he fell out of a Bumbo chair a few years ago. I just saw that there was a recall for the Bumbo chair. Can I still sue on behalf of my son for his injuries?

A:

Yes, you can still for your son's injuries if there is a dangerous products case (also known as a products liability case).  Because your son is still a minor, the Pennsylvania 2 year Statute of Limitations does not start until he turns 18.  Therefore, he has 2 years from the day he turns 18 to bring a lawsuit.  If a lawsuit is filed before he turns 18, then the parent(s) or guardian(s) would need to file suit on his behalf.  After he turns 18, he can make his own decision as to whether he wants to file a lawsuit.

In terms of the merits of the case, he could have a products liability claim if there was a design defect or a manufacturing defect with the chair.  However, proper investigation and work up of the case are needed.  Therefore, it is important that you speak to an experienced PA dangerous products or products liability lawyer to properly evaluate your son's case.  We also help injured victims who are injured by dangerous products in New Jersey.

Other Related Injured by Recalled Products Articles:

• My 8 month old baby swallowed 2 magnetic balls from my older son's magnetic building set and had to get surgery to remove the pieces. I just found out that the building set was recalled. Can we recover my son's medical expenses because the toy was recalled?
• How To Establish A Product Was Defective Due To Inadequate Warning Or Instruction
• What Damages Can Be Recovered in a Pennsylvania Product Liability Claim?

*Published: 8-30-12

by Daniel J. O'Brien [email protected]