It’s every parent’s worst nightmare: a child getting injured — or even killed — by a defective car seat, stroller, crib, article of clothing or something as seemingly harmless as a toy.
Tragically, preventable injuries kill more than 1 million children around the world every year. However, many developed countries have cut children’s deaths by 50 percent over the last 25 years by taking stronger measures enforcing education, law enforcement and safety precautions, such as product recalls.
A recall goes into effect when the government and a manufacturer work together to remove dangerous goods from store shelves nationwide.
When you buy a children’s product, you expect it to be safe. However, baby, toddler and kids’ products are not always designed and manufactured with the safety of children in mind. Any item you purchase for your son or daughter has the potential to be defective
Just because a product is available at a local store or can be purchased online does not mean it is safe. Defects can occur in a product’s design, in faulty instructions or in the individual parts the item is made from.
One such case occurred in June, when the U.S. Consumer Product Safety Commission (CPSC) and Baby Matters LLC of Pennsylvania recalled all models of Nap Nanny and Nap Nanny Chill infant recliners. These products were marketed as alternatives for babies who have difficulty sleeping in cribs. In fact, they were manufactured in other countries, which do not have the same standards as those in the United States.
A few years ago, a rash of toys manufactured in China contained lead paint, which is known to contribute to a host of health problems, including death. With increasing numbers of U.S. manufacturers outsourcing production to countries like China, a parent must be vigilant, even with so-called trusted brand names.
The CPSC report claims that defective design, incomplete instructions and inadequate warnings contributed to six infant deaths and 90 injuries following the sale of more than 165,000 of the portable recliners by vendors,
including Amazon and Babies R Us between 2009 and 2012.
While a recall will ensure that the items in question are removed from store shelves, millions of recalled items continue to be used at day cares, consignment shops, garage sales and online auctions across the country, placing children at risk.
Kids in Danger (KID), a non-profit organization founded in 1998 by the parents of an infant killed by a collapsed portable crib, is dedicated to improving children’s product safety.
According to a 2013 report, the number of children’s product recalls has increased 18 percent, totaling 1,566 incidents. Of those incidents, 11 resulted in deaths from 2012 to 2013, with clothing and nursery items accountable for more than half of the injuries. However, only 10 percent of the year’s recalled children’s items were successfully corrected, replaced or returned.
This places the responsibility of children’s safety largely on parents. CPSC.gov updates consumer recall information, offers safety guides and provides a crib information center. If you do encounter dangerous products, report them at SaferProducts.gov, which helps regulators spot emerging trends. Encourage your children’s caregivers, family members and friends to do the same.
No amount of money can compensate for a child’s serious injury or death. Legal action against the negligent individual or company can, however, provide parents with a sense of closure and may prevent future child injuries and deaths.
If your child has been injured by a defective children’s product, you may be able to hold one or more parties in the manufacturing chain liable, including the manufacturers, the assembler, the wholesaler and the retailer. Anyone injured by a dangerous or defective product is entitled to full compensation by the company or companies responsible.
Claims can range from toys with lead paint or other hazards such as small parts causing choking, faulty child car seats, bicycle defects, dangerous ATVs, defective guns, flammable fabrics and other items that have not been made safe for children.
Rules and regulations vary by state, so be sure to contact a Georgia attorney who specializes in product defect claims.
Stephen G. Lowry is a partner with the law firm of Harris Penn Lowry LLP. He and his law firm handle numerous defective product claims. He can be reached at steve@hpllegal.com or 912-651-9967.