Recalled Baby Products And Choking Hazards: Are Retailers Responsible?
Parents use baby products to ensure the safety and comfort of their children. These products include baby sleepwear, cribs, and baby seats. The products are special in the sense that they are made specifically for babies who are more likely to harm themselves. In the past, there have been cases of baby products being recalled due to defects. In the recent past, baby sleepwear has been recalled from stores such as Amazon, Walmart, and Target.
Why baby product safety is so critical
When it comes to defective products, infants and young children are in a special category of risk. Since young children learn about the world by touching things and putting things in their mouths, even a small defect in a product can cause serious problems. For example, loose parts, detachable parts, and defective fasteners could be a serious choking hazard.
In one recent case, infant sleep garments were recalled after reports that the zipper head could detach from the garment, creating a small object that could be swallowed by a child. The decision to recall was made by the Consumer Product Safety Commission, which determined that this defect could be a danger to infants.
Choking is one of the leading causes of injury and death in young children. Therefore, defects in children’s products are of great concern to federal regulators.
How do product recalls work?
In some cases, the manufacturers can become aware of the possibility of a safety hazard and may conduct a recall in cooperation with the CPSC. In other cases, the CPSC can conduct an investigation following consumer complaints.
In the case of a recall, consumers are asked to stop using the product and return it for repair, replacement, or a refund. But in many cases, the product may have already been purchased by thousands of consumers before the recall is announced.
If a consumer unknowingly purchased a defective baby product, the recall can occur only after the hazardous event has taken place.
Who is responsible for a defective baby product?
Product liability law aims to ensure that companies are held accountable in cases where a product that poses a threat to the health of consumers causes harm. In Florida, there are different actors in the product liability case that can be held liable for a product that causes injury.
These actors include:
- The manufacturers, who designed the product and produced it
- The distributors or wholesalers, who assisted in the distribution of the product
- The retailers, who include the major retail stores that helped in the distribution of the product to the consumers
This means that retailers like Amazon, Walmart, and Target can be held liable if a defective product causes injury. So can the manufacturer.
Injuries linked to defective baby products
The result of baby equipment failure can be devastating. The risk of choking can result in breathing obstruction, oxygen deprivation, and in the worst-case scenario, death. Other payment equipment failures can result in strangulation, suffocation, or another form of bodily harm.
Since children are unable to defend themselves, their equipment safety standards are among the most stringent in consumer protection laws. If your child has been injured by a dangerous or defective baby product, you should contact a Florida product liability lawyer as soon as possible.
Talk to a Florida Product Liability Lawyer Today
Halpern, Santos & Pinkert represent the interests of Florida parents whose children have been injured due to a dangerous or defective baby product. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
