By Bibeka Shrestha

Law360, New York (June 08, 2011, 2:14 PM ET) -- A couple sued Toys R Us Inc. and baby product maker Bumbo Ltd. on Monday in Texas, claiming their son suffered a skull fracture after falling from a baby seat that was sold without warnings required under a recall.

Austin, Texas-area residents Tony and Lucy Ferrell accuse Toys R Us of rushing the Bumbo Baby Sitter seat back to stores for profit's sake, ignoring reports by individual stores that warnings required by U.S. Consumer Product Safety Commission under an October 2007 recall had not yet been affixed to the product.

The commission issued the recall after receiving 28 reports of children falling out of Bumbo Baby Sitter seats — which do not have seat belts or safety harnesses — including three reports of skull fractures, according to the complaint.

"Bumbo and Toys R Us have failed to take these safety concerns seriously," said Liz Cunningham, an attorney for the Ferrells. "They've known for years about the dangers, and they have chosen not to make basic design modifications, such as installing a simple seat belt.

"

Representatives for Wayne, N.J.-based Toys R Us and South Africa-based Bumbo did not immediately respond to requests for comment Wednesday.

The lawsuit claims that months after the recall, a friend of the Ferrells purchased the baby seat in prerecall packaging, which included a pictures of three infants on Bumbo Baby Sitter seats perched on a table with no adults present. The CPSC had ordered that the picture be removed.

According to the Ferrells, the Bumbo Baby Sitter was actively marketed for use on all flat surfaces, with Bumbo's website including photos of the baby seat on top of tables, countertops and even a piano bench.

The Ferrells claimed that in June 2009, their son, who was nine months old at the time, fell from the Bumbo Baby Sitter onto the kitchen table where it was placed, then onto a tile floor, all under his mother's watch.

According to the suit, the president of Toys R Us had issued a directive to get the Bumbo Baby Sitter products back on the floor by February 2008 despite reports that the seats had not been modified to meet recall requirements.

"Frankly, Toys R Us was more concerned about its bottom line than the safety of its customers," the complaint said.

The Ferrells claimed Toys R Us made $9.3 million from selling the baby seats from May 2006 through June 2009, with a gross profit margin of 70.2 percent.

The Ferrells are represented by M. Ross Cunningham of Rose & Walker LLP.

Counsel information for Toys R Us and Bumbo was not immediately available.

The case is Kevin Ferrell et al. v. Bumbo (Pty.) Ltd. et al., case number 1:11-cv-00467, in the U.S. District Court for the Western District of Texas. --Editing by John Quinn.

View the Article