Swing in the Legal Direction

  • Sumo

Crawling to resolution

Consumers of MamaRoo or RockaRoo baby swings may be entitled to compensation, as a class action has been filed following an August recall. After receiving reports of one 10-month-old infant passing away from asphyxiation and another 10-month-old suffering from bruising around the neck, 4moms, the manufacturing company, pushed for the recall. According to the complaint, the hazards presented do not necessarily impact the infants that may be strapped into the swings, but do create an unsafe environment for crawling infants or toddlers. The straps are designed to hang below the seat, where they are within reach of a child that is on the ground.

Despite the recall that was issued this year, claimants argue that 4moms has been aware of the issue since August 2018. There is not a clearly disclosed answer as to why the manufacturer waited four years to issue a recall. Part of the complaint incorporates the accusation that despite 4moms’ awareness of a previous report of injury, the company continued to create and sell the flawed swings without providing a potential warning of strangulation. The recalled swings have been sold in both the US and Canada.

Over a million swings are referenced in the recall, which includes the following model numbers: 4M-005 (MamaRoo), 1026 (MamaRoo), 1037 (MamaRoo), and 4M-012 (RockaRoo). Consumers that have purchased one of these models between January 2010 and August 2022 have been urged to immediately stop the use of these swings. In addition, they may receive from the manufacturer a free strap fastener, which is a relatively simple solution to address the strangulation hazard. Given the prospective progression of the case and the possibility of a settlement or arbitration, the class action members may be asked to file a claim online in the future, and are encouraged to stay up to date with the case proceedings.