According to the U.S. Consumer Product Safety Commission, in 2020, there were an estimated 44,600 emergency room-treated injuries associated with nursery products among children under the age of five. From 2016 to 2018, there were a reported 385 deaths associated with nursery products among children under the age of five. Highchairs, cribs/mattresses, infant carriers, and strollers were associated with 67 percent of the total estimated injuries. Of the 385 deaths, cribs/mattresses were associated with 33 percent, playpens/play yards with 19 percent, bassinets with 16 percent, infant carriers with 8 percent, infant inclined sleep products with 6 percent, and the remainder were associated with a range of products to include baby bouncers, baths, portable swings, baby gates, changing tables, strollers, high chairs, jumpers, and other products.
My Child Was Injured By A Baby Product, What Do I Do?
This probably goes without saying, but the first step is to seek medical treatment for your child. Not only do you want to make sure your child’s injuries are tended to but it’s important to fully explain to the medical provider what happened and ensure all injuries are documented. Should legal action take place down the road, these medical records will be a crucial piece of evidence.
My Child Was Seen Medically, Now What?
An investigation will need to be conducted. Hiring a lawyer who devotes a significant amount of their practice to product liability cases will help you determine if you have a claim. Of the reported 44,600 emergency room treated injuries and 385 deaths, only a small percentage was caused by a product failure. The majority of these were caused by the presence of a hazardous environment in or around the product or improper use of the product. However, even when a product failure is not the actual cause of the injury, you may still have a claim.
There Are Three Types Of Product Liability Claims
Manufacturing Defect
A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product. For example, a car seat that doesn’t clasp properly or a crib that has the wrong screws causing it to collapse.
Design Defect
A product contains a design defect when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the reasonable alternative design renders the product not reasonably safe. For example, a stroller that allows the baby to slide out of the seat or a toy that has sharp edges that cut the child.
Failure to Warn
A product is defective because of inadequate instructions or warnings when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or other distributor, or a predecessor in the commercial chain of distribution and the omission of the instructions or warnings renders the product not reasonably safe. For example, a toy that has small removable items with no warning of a choking hazard.
Source: Restatement (Third) of Torts: Products Liability
Frequently Asked Questions
If your child is injured due to a defective baby product, you probably have a lot of questions. Most questions will take time to answer and they will depend on several factors.
Who will pay my child’s medical bills?
Your attorney will do a thorough investigation to determine the at-fault party. This process takes time but once established, the resolution reached will include funds to pay any outstanding medical bills and/or liens that were asserted by your child’s insurance company. Your lawyer will also hire the appropriate medical professional to create a life care plan that will determine the future needs of your child due to their injury and the resolution will include funds to go towards that. It’s important to continue with recommended medical treatment throughout your case. If paying for treatment becomes an issue, your attorney will work with you to figure out the best solution. Your child’s treatment and recovery are the number one priority.
I’m angry because this happened, can I speak publicly about this?
Understandably, you would want to get the word out to the community to warn others of what happened to prevent this from happening to others, but exposing them on social media or any other news platform is not recommended. Your attorney will handle any publicity if it’s necessary. Emotions run high when your child is hurt and it’s recommended you do not post on social media or discuss the facts of the case with anyone other than your lawyer. Before speaking to anyone about what happened, always discuss with your attorney to determine if that is the right route to take and also to discuss any potential consequences that could evolve from speaking publicly.
How do I make sure this product doesn’t injure other children?
If this product defect is a widespread problem, meaning, it’s not just a defect in the product you purchased but it’s a defect in several or all of the products, a manufacturer will usually issue a recall. The Florida Department of Agriculture and Consumer Services and the U.S. Consumer Product Safety Commission might also issue a recall if a manufacturer fails to do so. This recall will inform consumers of the defect and instruct them on what to do with the defective product. In many lawsuits, Plaintiffs have been successful in fighting for change as part of their recovery. Manufacturers have altered products and even added warnings to make a product safer. This is something that can be discussed with your attorney and added to any demand for settlement.
Do You Need A Product Liability Attorney?
If your child has been injured by a defective baby product, an experienced product liability attorney will help you establish a claim. They will investigate the product including consulting with medical and engineering experts to determine what the defect is and how it occurred. Your lawyer will also investigate the manufacturer, the distributor, and the reseller to determine their knowledge of the defect and what their liability is.
Romano Law Group has a team of experienced product liability attorneys who will help you recover losses from negligent manufacturers by putting your child’s interests first.
Authored by Jessica L. Latour, Esq.
