As parents, ensuring the safety and well-being of children is a top priority. You aim to provide good nutrition, quality education, emotional support, and protection from harmful products. Unfortunately, some seemingly harmless products can turn out to be defective, posing a significant risk to a child’s safety.
Defective children’s products have been found in cribs, walkers, car seats, playpens, highchairs, strollers, baby formula, clothing, pacifier clips, toys, and more. Parents need to be aware of the potential risks associated with these products and understand their rights and responsibilities when it comes to defective children’s product liability.
What Are Defective Children’s Products?
There are three main ways in which a children’s product can be considered defective:
- Dangerous design;
- Negligent construction;
- Inadequate warning label.
A product with a dangerous design is inherently flawed from the outset, as no amount of proper assembly or adequate warning can compensate for the fundamental issue. For example, a toy oven lacking a temperature control mechanism or an emergency off-switch could pose a serious hazard to children, regardless of how well it is built or how clearly the manufacturer warns of potential risks.
On the other hand, a product with a safe design may still be deemed defective if it is constructed negligently by the manufacturer or assembler. For example, a child’s toy oven designed with a temperature control device could still pose a danger if the manufacturer fails to include this vital component during production.
Lastly, a product may be considered defective if it does not adequately warn consumers of known risks associated with its use. Using the toy oven example, if a properly designed and assembled oven does not caution users that it may be warm when in operation, it is only suitable for children mature enough to handle it safely. It should not be used unsupervised, and the manufacturer may be held liable for any resulting injuries.
One aspect that sets children’s product liability apart from other product liability categories is that children may not recognize the inherent risks in a product as readily as adults. The child’s lack of awareness makes them particularly vulnerable and highlights the importance of proper safeguards in designing, manufacturing, and labeling children’s products.
Children also face unique risks due to their more fragile state, making them more prone to choking, drowning, or falling hazards. Products designed to assist children in bathing, eating, or walking may inadvertently expose them to these dangers if they are defective or poorly made.
What Is Strict Liability?
Strict liability may be imposed on a manufacturer or retailer of a children’s product that causes serious injury or death. The imposition of strict liability means that even if the retailer or manufacturer had no direct involvement in the defect, they might still be held liable by virtue of their role in producing or selling the product.
Here are a few examples to illustrate this concept:
- A popular toy company designs and manufactures a children’s tricycle. Due to a design flaw, the tricycle’s wheels can come loose and fall off during use, posing a serious safety risk. A child using the tricycle suffers severe injuries when the wheels fall off. In this case, both the manufacturer and the retailer selling the tricycle could be held strictly liable for the injuries, even if they were unaware of the design defect.
- A baby stroller is designed with a faulty locking mechanism, causing the stroller to collapse unexpectedly while in use. A retailer sells this stroller to a parent, who later experiences the stroller collapsing with their child inside. The child sustains injuries as a result. Both the manufacturer and the retailer could be held strictly liable for the child’s injuries, regardless of whether they were aware of the defect or not.
- A popular brand of baby formula is found to be contaminated with harmful bacteria during the manufacturing process. The contaminated formula is sold to consumers through various retailers, and several infants become seriously ill after ingesting the product. In this situation, both the manufacturer and the retailers selling the contaminated baby formula could be held strictly liable for the harm caused to the infants, even if they were unaware of the contamination.
Who Is Liable for Defective Children’s Products?
Depending on the type of product liability involved (defective design, negligent manufacturing, or inadequate warning), the product designer, manufacturer, assembler, or seller may be held responsible for a child’s injury. Determining liability also depends on the nature of the injury sustained and whether it was foreseeable or resulted from abnormal use of the product.
What Happens if a Parent Uses a Product Incorrectly?
When a parent uses a product in a manner that deviates from its intended purpose, proving liability becomes more difficult because the manufacturer or retailer may argue that they could not have foreseen such misuse and, thus, should not be held responsible for any resulting injuries.
Here are a few examples to illustrate this point:
- A parent uses a highchair to prop up their child at an elevated height to reach a countertop. The highchair was not designed for this purpose, and the child fell, sustaining injuries. In this case, it would be challenging to prove liability on the part of the manufacturer or retailer since the parent misused the product in a way that was not intended.
- A parent decides to use a baby swing as a makeshift car seat while driving. The swing is not designed or approved for use as a car seat, and the child suffers severe injuries during an accident. Proving liability on the part of the manufacturer or retailer would be difficult since the parent used the product in a manner that it was not designed for. Therefore, the manufacturer or retailer could not have reasonably foreseen this misuse.
- A parent allows their child to use an inflatable pool toy as a trampoline, even though the toy is designed for water use only. The child jumps on the inflatable toy, which ultimately bursts, causing the child to fall and get injured. In this scenario, it would be more challenging to prove liability on the part of the manufacturer or retailer since the parent allowed their child to use the product in a manner that it was not intended for.
In each of these examples, the key challenge in proving liability lies in demonstrating that the manufacturer or retailer should have foreseen the potential misuse of their product and taken steps to prevent it. However, since the parent used the product in a dangerous manner that deviated from its intended purpose, the manufacturer or retailer may argue that they could not have reasonably anticipated such misuse and should not be held responsible for any resulting injuries.
What Can You Do if Your Child Has Been Injured by a Defective Product?
Injuries or fatalities resulting from defective children’s products are understandably emotional and distressing for parents. It may be difficult to think about liability during such a challenging time, but it is essential to act quickly if you suspect a defective product has harmed your child.
Contact a defective products lawyer as soon as possible to discuss your case and learn about your rights. Time is of the essence, and the sooner you consult with an attorney, the better.
Use LegalMatch today to find a lawyer who can help your child who has been injured by a defective product.
