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After hundreds of reported crashes, at least 50 injuries and reports of up to 100 injuries, the manufacture of the popular BOB jogging stroller cut a deal with the Trump Administration’s Consumer Product Safety Commission (“CPSC”) to avoid recalling the jogging strollers. The front wheel of the strollers can suddenly detach because the front wheels can be unsecured during foreseeable assembly. The risks to an infant in such circumstances are substantial and inexcusable. Worse, it appears the fix is just as bad as the defective product.
Britax imported and distributed about 493,000 single and double occupant B.O.B. jogging strollers from December 2011 through September 2015. An undetermined number of strollers were imported and distributed by B.O.B. Trailers, Inc. between 1997 and when it was acquired and merged into Britax in December 2011. The three-wheeled strollers include the following 17 models: Ironman, Ironman Duallie, Revolution, Revolution CE, Revolution Flex, Revolution Flex Duallie, Revolution Pro, Revolution Pro Duallie, Revolution SE, Revolution SE Demo, Revolution SE Duallie, Revolution SE Duallie Plus, Revolution SE Plus, Sport Utility Stroller, Stroller Strides, Stroller Strides Duallie and SUS Duallie.
How is Britax Supposedly Fixing the Bob Strollers?
Under the “purported” agreement Britax, the BOB manufacturer/distributer, will undertake what is termed a “robust, intensive” information campaign to instruct consumers how to safely and correctly operate the Quick Release on the strollers. One of the main features of the information campaign will be an instructional video for consumers demonstrating and describing how to safely operate the Quick Release. As part of the information campaign, BOB will email notice of the campaign to all known dealers and retailers of the strollers located in the United States.
In addition to the information campaign, the Agreement, inter alia, calls for Respondent to supply free parts, accessories, discounts and incentives to consumers who “self-identify” as having concerns about their ability to safely and correctly operate the Quick Release on strollers manufactured between January 1, 2009 and September 30, 2015. BOB will do so through one of three options:
However, Respondent will not offer the mechanical repairs described in paragraphs 1 and 2 above to such owners.
THERE IS NO ACTUAL RECALL OF THE BOB STROLLERS!
The CPSC capitulated to Britax and the agreement specifically stated.
The parties agree that the actions taken pursuant to this Consent Agreement and Order shall not be construed as a recall pursuant to section 15 of the Consumer Product Safety Act, 15 U.S.C § 2064.
The Bob Stroller Fix Does Not Work!
Not only did the CPSC back down from demanding a recall, the alternative settlement is just as bad. The Washington Post reported that the fix is just as defective as the original product.
What Should I do with my Bob Stroller?
The strollers and the fake fix are prone to having the wheels fall off during reasonable use and misuse. Do not use a Bob Stroller with your child.
Can I sue if there was an injury?
If your child was injured while using one of the Bob Strollers when the front wheel came off, you likely have a claim. There are numerous state product liability and consumer production laws under which an injured child and their parents could recover. John Kristensen is one of the America’s leading attorneys on recall law and defective products. For a free evaluation, contact our firm to see if you have a case.